Terms of Use

Terms of Use

Acceptance of the Terms of Use

Welcome to the website of Thermos Pty Ltd ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference, (collectively, these "Terms of Use"), govern your access to and use of www.thermos.com.au , including any content, functionality and services offered on or through www.thermos.com.au (the "Website").

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://www.thermos.com/privacy-policy.aspx, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you MUST NOT access or use the Website.

The Website is offered and available to users who are 13 years of age or older. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you MUST NOT access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes will not apply to any disputes of which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. While we may inform you of changes we make to the Terms of Use via a banner, update to the "last modified" date, or other notification, you are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, the Website or any part of it is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entirety of the Website, to users, including registered users.
You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details such as a user name, your email address, or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy (See http://www.thermos.com.au/privacy-policy.aspx ) and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Trademarks

At least the terms THERMOS, FUNTAINER, RAYA, LUNCH LUGGER, E5, ELEMENT5, ROHO, INTAK, FOOGO, THE ROCK, ROCK, and STASH TOP, the Company logo, and other related names, logos, product and service names, designs and slogans are trademarks of the Thermos L.L.C. ("Thermos US"), the Company or their affiliates ("Company Marks").  The Website also uses or displays many trademarks that Thermos US or the Company license from third party trademark owners ("Licensed Marks").  You must not use the Company Marks, Licensed Marks, or any other confusingly similar marks in association with the relevant goods or services without the prior written permission of the relevant entity among Thermos US, the Company, their affiliates, or our third party licensor, unless such use is permitted by law.

If you do use one of the Company Marks in association with Company products or services in a manner permitted by law, you must:

1. Capitalize at least the first letter of the term, and
2. Use the Mark as an adjective, not a noun.

For example, if you are referencing our vacuum insulated bottles, you should refer to a "Thermos brand bottle", not a "thermos". Similarly, if you are referencing our kids' food jars, you should refer to a "FUNTAINER food jar", not a "funtainer".

Copyright Infringement

If you believe that any content available through the Website violates your copyright, please see Thermos US's Digital Millennium Copyright Act (DMCA) Policy [INSERT AS LINK TO COPYRIGHT POLICY] for instructions on sending us a notice of copyright infringement.

Other Intellectual Property Rights

Unless otherwise noted, all materials, including, but not limited to names, logos, images, text, illustrations, designs, icons, photographs, characters, video clips, audio elements, and written materials, software features or functionality,  and other copyrightable materials, and the design, selection, and arrangement thereof, that appear on the Website (collectively, the "Contents") are owned, controlled or licensed by Thermos US, the Company, one of their affiliates or by third parties who have licensed their materials to Company, and are protected by U.S. and international copyright, trademark, patent, trade secret, personal rights, or other intellectual property laws. You  may not use, import, reuse, reproduce, publish, transmit, distribute, display, publicly perform, modify, create derivative works from, download, store, sell or participate in any sale or exploit in any manner, in whole or in part, any of the Contents (unless you have express, prior written agreement with us or the relevant property owner), except as follows:

• You can use the Websites and related Contents for your personal, non-commercial use only, unless you are a business partner, business collaborator, or affiliate of the Company, in which case, you are permitted to use the Website and related Content for commercial purposes reasonable within the scope of your relationship with the Company.
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, distribution, or modification.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• You make take actions enabled by our social media features (e.g., link to our Company social media pages). However, those Company social media pages may be governed by additional terms, conditions, or privacy policies as identified by the respective social media websites.

You must not:

• Modify any Contents or materials or copies thereof from the Website.
• Use any illustrations, photographs, graphics, or video or audio sequences, except for the expressly defined uses identified above.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.

You must not access or use for any commercial purposes any part of the Website or any services, Contents, or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: legal@thermos.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use any part of the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No ownership right, title or interest in or to the Website or any Contents on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, provincial, or international law or regulation.
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the Contents or material on the Website, unless your only purpose for automatically accessing the Website is search engine purposes.
• Use any manual process to monitor or copy any of the Contents or material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of any part of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing the Website or posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANYAND ITS AFFILIATES, PARENTS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim and you release us from all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include or link to content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other Contents, other than the contents provided by the Company or its affiliates, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company or any of its affiliates. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the Contents on the Website from time to time, but the Website is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy http://www.thermos.com.au/privacy-policy.aspx . By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy or actions taken by us to which you expressly agree.

Online Purchases and Other Terms and Conditions

The Website may use a third party vendor to provide purchasing and other online retail services.  When you place an order for a product, Company or our third party vendor needs to know your name, e-mail address, mailing address, address associated with credit card, and credit card number and expiration date. This personal information is required so that our Company or our third party vendor can process and fulfill your order, send an order or shipping confirmation, as well as notify you of your order status. All Internet transactions with our Company or our third party vendor are performed on a secure server that encrypts your credit card information to minimize the likelihood that unauthorized third parties can access such information.  Any such transactions performed by our third party vendors may be subject to additional terms and conditions as identified by the third party.  The Company is not responsible for any such additional terms.

Links from the Website

The Website may contain links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the content of those websites or resources, make no warranties or representations about the accuracy or non-infringement of content on those website, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We provide the Website for use by persons located in Australia. We make no claims that the Website or any of its material or Contents are accessible or appropriate outside Australia. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Australia, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the Website or files thereon available for downloading will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. NEITHER WE NOR ANY OF OUR AFFILIATES WILL BE LIABLE FOR, AND YOU RELEASE US FROM ANY CLAIM FOR, ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT

YOUR USE OF THE WEBSITE, THE CONTENTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON/ENTITY ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY ENTITY ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW INCLUDING, WITHOUT LIMITATION, THE AUSTRALIAN CONSUMER LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, PARENTS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW INCLUDING, WITHOUT LIMITATION, THE AUSTRALIAN CONSUMER LAW.

If the Australian Consumer Law or any other Act (including, without limitation, equivalent country, state or territory legislation) implies into these Terms of Use any term, or otherwise provides that any guarantee applies in relation to the goods or services supplied under or in connection with these Terms of Use, which, or the effect of which, cannot be excluded or modified, and if we breach such term, condition, warranty or guarantee, then our liability (if permitted by the relevant Act) is limited, at our election, to the re-supplying of the relevant goods or services, a refund of the cost of having those goods or services supplied or payment of the cost of having the goods or services re-supplied.

Indemnification

You defend, indemnify and hold harmless the Company, its affiliates, parents licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the contents of the Website, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois, USA without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois, USA or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in the County of Cook. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED EXCEPT AS OTHERWISE REQUIRED BY LAW.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use (including this document, our Privacy Policy [http://www.thermos.com.au/privacy-policy.aspx], and our DMCA Policy [http://www.thermos.com.au/dmca-policy.aspx]) constitute the sole and entire agreement between you and Thermos Pty Ltd with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

 

Your Comments and Concerns

The Website is operated by Thermos Pty Ltd of 8 Stanton Road, Seven Hills NSW 2147, Australia.

All notices of copyright infringement claims should be sent to the copyright agent designated in our DMCA Policy [INSERT AS LINK TO COPYRIGHT POLICY] in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: legal@thermos.com.

Thank you for visiting the Website.