LEGAL NOTICE

TERMS OF USE

Welcome to DEWALT.com.au which is operated by the DEWALT Industrial Power Tool Company Limited (registered number SC14586) whose registered office is at Migvie House, North Silver Street, Aberdeen. AB10 1RJ, Scotland. Your use of DEWALT.com.au is subject to and governed by these conditions. Please read them carefully. The DEWALT Industrial Power Tool Company Limited, its parent, subsidiaries and other companies within its group provide DEWALT.com.au and the services connected with DEWALT.eu on the basis of these conditions.

1. AGREEMENT

Access to and use of this website and the information, materials, products and services available through this website are subject to all applicable laws and regulations and to these Terms of Use. By accessing this website, you agree to these Terms of Use which form a legally binding agreement. If you do not agree, please refrain from using this website. These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the website, and you should always review these Terms of Use prior to using the website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this website.

If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request. Access to this website (or portions thereof) and the use of information, materials, products or services provided through this website (or portions thereof), is not intended, and is prohibited, where such access or use violates applicable laws or regulations.

2.MINORS

This website is a business and commercial site. As such, it is not intended for children or minors.

3. PRODUCTS AND SERVICES

Information. All references on this website to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in this website constitutes an offer to buy or sell our products or services in any jurisdiction. This website is for information purposes only.

4. PRIVACY AND DATA PROTECTION CONSENT

By agreeing to these Terms of Use, you acknowledge you have read and understood the terms of our Privacy Policy and that you agree with it. Click here to access our Privacy Policy). With the exception of Personal Data, any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary. Upon the transmission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose as detailed in our Privacy Policy. Posting or transmitting of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited. We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs. Notwithstanding the foregoing, all personal data provided to us as a result of this website will be handled in accordance with our Privacy Policy.

5. OWNERSHIP

Unless otherwise indicated, this website and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this website (“Elements”) are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of DEWALT or are included with the permission of the rights owner and are protected pursuant to copyright and trademark laws. The posting of any such Elements on this website does not constitute a waiver of any right in such Elements. You do not acquire ownership rights to any such Elements viewed through this website. Except as otherwise provided herein, none of these Elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. Permission is hereby granted to the extent necessary to lawfully access and use this website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this website, provided you do not modify the Elements and that you retain any and all copyright and other proprietary notices contained in the Elements. This permission terminates automatically if you breach any of these Terms of Use.

6. TRADE MARKS

The DEWALT® logo, all product names (including, without limitation, the marks GUARANTEED TOUGH™, EXTREME™, SERIES 20™, SERIES 40™, SERIES 60™ and the yellow/black colour scheme), all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this website, unless otherwise noted, are service marks, trademarks and/or trade dress of DEWALT (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

7. HYPERLINK DISCLAIMER

This website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons (“third party website”). An advertisement of, or link to, a third party website does not mean that we approve, endorse or accept any responsibility for that third party website, its content or use, or the use of products and services made available through such third party website. We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such third party websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such third party websites. Such third party websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about any websites which you may access through this website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

8. LINKS FROM OTHER WEBSITES

Any link to this website without our written permission is prohibited. Notwithstanding authorisation to link to this website, linking to any page other than the home page is prohibited. Persons providing access to this website via link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning DEWALT. Authorisation by us to link to this website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this website at any time and for any reason. Anyone providing access to, or information relating to this website, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.

9. NO WARRANTIES

To the extent permitted by law, this site is provided on an “as is,” “as available” basis, without warranties of any kind. To the fullest extent possible pursuant to applicable law, DEWALT, its affiliates, service providers and licensors disclaim all warranties, express, implied, statutory or otherwise. Without limiting the foregoing, DEWALT, its affiliates, service providers and licensors do not represent or warrant to you or your company and DEWALT, its affiliates, service providers and licensors hereby disclaim (A) all warranties of merchantability, fitness for a particular purpose, title and non-infringement; (B) warranties relating to delays, interruptions, errors, or omissions in the operation of this site or any part of it; (C) warranties relating to the transmission or delivery of this site or its availability at any particular time or location; (D) warranties relating to the use, validity, accuracy, currency or reliability of, or the results of the use of this site or any information published on this site; and (E) warranties relating to websites to which this site is linked. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this website or any website with which it is linked. Some jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly some of the above disclaimers may not apply to you. We do not seek to exclude or limit liability for death or personal injury caused by negligence or for fraudulent misrepresentation. Your statutory rights as a consumer, if any, are not affected hereby.

10. EXCLUSION OF LIABILITY

To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. Some jurisdictions do not allow the limitations of liability set forth above, so these limitations of liability may not apply to you. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of DEWALT, its affiliates, service providers and licensors under such circumstances for liabilities that otherwise would have been limited, shall not exceed £100. We do not seek to exclude or limit liability for death or personal injury caused by negligence or for fraudulent misrepresentation nor any other liability which cannot be excluded or limited under applicable law.

11. INDEMNITY AND RELEASE

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this website or any of the information, materials, products or services available through this website.

12. LICENCE AND SITE ACCESS

DEWALT grants you a limited licence to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of DEWALT. This licence does not include any right to resell or make commercial use of this website or its contents; any right to make a collection of any product listings, descriptions or prices; any right to make derivative use of this site or its contents; any right to download or copy account information for the benefit of another merchant; or any right to use data mining, robots or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sole, resold, visited or otherwise exploited for any commercial purpose without express written consent of DEWALT.

13. MODIFICATION AND SEVERABILITY

DEWALT reserves the right to modify, edit, delete, suspend or discontinue, temporarily or permanently this website (or any portion thereof) and/or the information, materials, products and/or services available through this website (or any part thereof) with or without notice. These conditions were last updated on [23 July 2020]. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this website. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. The failure of DEWALT to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.

14. APPLICABLE LAW AND JURISDICTION

This website is controlled and operated by DEWALT from its offices in England. The formation, existence, construction, performance, validity in all aspects whatsoever of these conditions or of any term of these conditions or any dispute in relation to the materials contained in this website shall be governed by English law. The English courts shall have exclusive jurisdiction to settle any disputes, which may arise out or in connection with these conditions or use of this website. Notwithstanding the foregoing, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of this agreement is taking place or originating. Access to, or use of, this website or information, materials, products and/or services on this website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this website. We make no representation that the information contained herein is appropriate or available for use in other locations outside the United States or the European Union.

15. ENTIRE UNDERSTANDING

These Terms of Use contain the entire understanding between you and us with respect to this website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use shall remain in full force and effect.

16. WAIVER

DEWALTs failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by DEWALT of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

17. CONTACTING US

If you have any questions regarding these Terms of Use or any other matter, you may contact us by writing to DEWALT Digital Marketing, European Group Headquarters, 270 Bath Road, Slough, Berkshire, SL1 4DX, or by e-mailing us at reply@dewalt.com Copyright © 2022 DEWALT.