Please read these Terms carefully before using the Site.

By using the Site you are agreeing to be bound by and abide by these Terms.

If you choose not to be bound by these Terms then BSH does not grant you the right to use the Site and you must not use the Site.

You must not use or access the Site in violation of these Terms.

1. Site and Terms

The website located at https://employee-sales.bsh-group.asia/au/ and all of its content (Site) is an online service made available by BSH Home Appliances Pty Ltd (ABN 22 109 198 405) referred to in these Terms of Use (Terms) as BSH, we, us, our.

2. Agreement

(a) You may only use the Site if you have been authorised to do so by BSH.

(b) By using the Site to place orders for goods and services you agree to be bound by these Terms.

(c) The terms and conditions for the sale of goods and services by BSH to you will be emailed when ordering goods/services (Conditions of Sale). Before ordering goods and services from BSH you may request a copy of the Conditions of Sale by contacting 1300 369 744 or view them at https://employee-sales.bsh-group.asia/au/metapages/legal/sale-terms-conditions.

3. Variation

(a) BSH may vary these Terms as required from time to time as reasonably required for legitimate business purposes. The up-to-date version of these Terms will be made available on the Site and come into effect from the time that they are posted on the Site. You are welcomed to review the Terms prior to ordering.

(b) If BSH reasonably considers that any variation of these Terms may result in a material detriment to you, it will take reasonable steps to notify you of the variation (which may be during your next access to the Site).

(c) By continuing to use the Site after these Terms have been varied, you agree to be bound by and abide by these Terms, as varied.

4. Permitted Use

You must only use the Site for the purpose of ordering goods and services from BSH on your own behalf including to:

(a) place, review and retrieve orders;

(b) input your order data;

(c) apply payments to your orders and add order notes;

(d) check the status of your orders; and

(e) view, download (where required) and print pages from the Site,

each in accordance with these Terms (collectively, the Permitted Use).

5. Copyright/Trade Marks

(a) Except to the extent that you are expressly permitted under the fair dealing provisions or other provisions of the Copyright Act 1968 (Cth), you must not reproduce or otherwise use material, software, text, graphics, and layout in, or trade marks depicted on, the Site except to the extent necessary for the Permitted Use or otherwise with the permission of BSH.

(b) You grant to BSH a non-exclusive, perpetual, irrevocable, fully paid-up, royalty-free licence to use and exercise all intellectual property rights in any content posted by you to the Site.

6. Passwords

(a) You will be issued with a user name and password that must be used to access the Site. You are solely responsible for maintaining the confidentiality of your user name and password.

(b) You must not disclose your user name or password to any third party at any time for any reason whatsoever.

(c) You are liable for all activity on the Site, including every order made through or in relation to the Site, using your user name and password.

(d) You agree to:

(1) ensure that your user name and password is not used by anyone other than you;

(2) ensure that you exit the Site at the end of each session; and

(3) immediately notify us of any disclosure to a third party of, or unauthorised use of, your user name and password or any other breach of security.

7. Rules of conduct

(a) As a condition of use, you must access and use the Site only in accordance with these Terms and any reasonable directions or guidelines provided by BSH from time to time.

(b) You must not (and must not permit any third party to) either:

• (1) use the Site in a manner that, or
• (2) upload, post, submit or otherwise distribute or facilitate distribution of any content on or through the Site (including by way of links to content on any other site) that:
• • A. infringes any patent, trade mark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law;
  • B. is unlawful, threatening, abusive, harassing, defamatory, misleading or deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
  • C. constitutes unauthorised or unsolicited advertising or promotion, junk or bulk e-mail ("spamming"); or
  • D. impersonates any person or entity, including any of our employees or representatives.

(c) You must not:

• (1) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure;
• (2) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
• (3) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site);
• (4) directly or indirectly introduce or permit the introduction of, any virus, worm, trojan or other malicious or harmful code into the Site, or in any other manner whatsoever corrupt, degrade or disrupt the Site;
• (5) violate or attempt to violate the security of the Site, including accessing data not intended for you; attempting to probe, scan or test the vulnerability of our system or network or to breach security or authentication measures without proper authorisation; attempting to interfere with service to any other user; or using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
• (6) run any form of auto-responder or "spam" on the Site;
• (7) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; or
• (8) harvest or scrape any content from the Site.

8. Unauthorised access to information

Nothing in the Site is to be taken as extending any facility, power or approval to you to:

(a) search for or access information and details, including Confidential Information, which you are not authorised to search for and/or access; or

(b) lodge orders that are not genuine and legitimate orders for goods and services from BSH on your own behalf or on the behalf of your family and friends.

9. Suspension

BSH may suspend your access to the Site at any time for any reason (including, without limitation, for the purposes of maintenance of the Site) without having to give you notice as reasonably required for legitimate business purposes.

10. Limitation of liability

(a) The Australian Consumer Law may confer certain rights and remedies on you in relation to the provision by BSH of goods or services under these Terms. These Terms do not exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of the Australian Consumer Law or any other statute where to do so would contravene the relevant statute or cause any part of these Terms to be void or unenforceable (Non-Excludable Rights).

(b) To the extent permitted by law (including by the Australian Consumer Law):

• (1) all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute are expressly excluded under these Terms; and
• (2) BSH is not liable (including in negligence) for any loss of profit, loss of revenue, loss of goodwill, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, or any indirect, consequential or special loss or damage incurred by you or any other person arising under or in connection with these Terms or your access and use of the Site (even if we have been advised of the possibility of such loss or damage).

(c) Subject to the preceding paragraph, and to the extent permitted by law (including by the Australian Consumer Law), BSH's total liability to you under or in connection with these Terms (including in negligence) is limited in the aggregate to the lowest of the cost of supplying the services again and payment of the cost of having the services supplied again. Subject to any Non-Excludable Rights you may have, BSH may make any election contemplated by this paragraph, acting reasonably.

11. Breach

(a) If you breach these Terms or if BSH reasonably believes that you may have breached these Terms and that it is appropriate to exercise one of the remedies in this paragraph in order to preserve the operation and security of the Site, then without limiting any other remedies available, BSH may without notice to you take one or more of the following actions:

• (1) cancel or limit your access to the Site;
• (2) place any restrictions on your use of the Site; and
• (3) disclose information about you and your use of the Site for the investigation of any unlawful or harmful activity.

(b) If you cease to be authorised to use the Site BSH may also cancel your access to the Site.

12. General

(a) If any part of these Terms is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.

(b) These Terms are governed by the laws of Victoria, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.

13. Use of cookies

We use cookies to improve the performance of the Site by collecting anonymous data.

Functionality cookies

We collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how the Site works.

Performance cookies

These cookies allow the Site to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise.

The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.

14. Your personal information and privacy

(a) When you place an order with us, we need to know your name, e-mail address, phone number and address to fulfill your order successfully. We may collect additional information if you choose to provide this optional information. This information may be used for marketing purposes, if you agree that you wish to receive marketing material from us.

(b) We do not collect or store the credit card details when you place an order online. You will be redirected to secure hosted payment page of our Netherlands based payment gateway provider to enter your payment card details and billing address.

(c) We only ever see the name of the card holder, expiry date and the masked version of the credit card (first 4 digits and last 4 digits). For our mutual protection and to prevent fraud, all data is encrypted and transmitted using Secure Socket Layer (SSL) technology.

(d) Your personal information is otherwise handled in accordance with BSH's Privacy Policy which is here: https://employee-sales.bsh-group.asia/au/metapages/legal and which explains what other uses and disclosure (including overseas) we may make of the personal information we collect about you, how to seek access to and correction of your personal information how to complain and how we deal with complaints.

Effective: 25 July 2024