TERMS & CONDITIONS

These Terms of Use (“Terms”) for the website of Diversey Incorporated (“DiverseyCleaning”, “we”, “our”) that link to these Terms (the “Sites”) govern the relationship between you and DiverseyCleaning in connection with the Sites.  By accessing or using the Sites, you agree to these Terms.  If you do not agree to these Terms, your use of the Sites is unauthorized.

We may propose an update to these Terms at any time in our sole discretion by posting the updated version at a location hyperlinked from the home page of the Sites.  The update will come into effect 10 days after the date of its posting (i.e., 10 days after the “Last Updated” date at the top of the Terms), unless we choose to secure your immediate acceptance of revised Terms via a click-through confirmation, acceptance button or other mechanism.  To reject the proposed update, you must send us an email to orders@diverseycleaning.com.au with the word “rejection” in the subject line within the 10-day period described above; you must send this from the email address you used to register for our Sites, if any, and you must include your name, company name (if applicable) and address.  This rejection will immediately terminate your permission to use the Sites, and you must immediately cease all such use; we may then deactivate your account on the Sites (if applicable) without further notice to you.  Unless you obtain our written waiver, your use of the Sites after sending such a rejection shall be deemed your unconditional acceptance of the revised Terms that we posted, and it shall also be deemed a breach of such Terms, as your permission to use the Service will have terminated.

Pricing Information.  You acknowledge that the pricing information provided through the use of the Sites is intended for the use solely by you and is confidential to DiverseyCleaning. You agree not to share such pricing information with any other party without the written consent of DiverseyCleaning.

Accuracy, Completeness and Timeliness of Information on This Site

DiverseyCleaning is not responsible if information made available on the Sites is not accurate, complete or current.  The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.  Any reliance on the material on the Sites is at your own risk.  The Sites may contain certain historical information.  Historical information necessarily is not current and is provided for your reference only.  We reserve the right to modify the contents of the Sites at any time, but we have no obligation to do so.  You agree that it is your responsibility to monitor changes to the Sites.

Use of Materials on the Sites

All content on the Sites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by DiverseyCleaning, its subsidiaries, or their licensors or content providers and is protected by copyright, trademark and other applicable laws.  You may access, copy, download and print the material contained on the Sites for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print.  Any other use of content on the Sites, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Sites, or use of the Sites for purposes competitive to DiverseyCleaning, is expressly prohibited.  You agree to abide by all additional restrictions displayed on the Sites as they may be updated from time to time.  DiverseyCleaning reserves the right to refuse or cancel any person’s registration for the Sites, remove any person from the Sites or prohibit any person from using the Sites for any reason whatsoever.  DiverseyCleaning, or its subsidiaries or their licensors or content providers, retain full and complete title to the material provided on the Sites, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in DiverseyCleaning's sole discretion.  DiverseyCleaning neither warrants nor represents that your use of materials on the Sites will not infringe rights of third parties not affiliated with DiverseyCleaning.

You may not use contact information provided on the Sites for unauthorized purposes, such as marketing.  You may not use any hardware or software intended to damage or interfere with the proper working of the Sites or to surreptitiously intercept any system, data or personal information from the Sites.  You agree not to interrupt or attempt to interrupt the operation of the Sites in any way.  DiverseyCleaning reserves the right, in its sole discretion, to limit or terminate your access to or use of the Sites at any time without notice.  Termination of your access or use will not waive or affect any other right or relief to which DiverseyCleaning may be entitled at law or in equity.

Materials You Submit

You acknowledge that you are responsible for any material you may submit via the Sites, including the legality, reliability, appropriateness, originality and copyright of any such material.  You may not upload to, distribute or otherwise publish through the Sites any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.”  You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.  

If you do submit material, and unless we indicate otherwise, you grant DiverseyCleaning and its subsidiaries an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media.  You further agree that DiverseyCleaning is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to DiverseyCleaning.  You grant DiverseyCleaning and its subsidiaries the right to use the name you submit in connection with such material, if they so choose.  You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify DiverseyCleaning for all claims resulting from content you supply.

Conduct on the Sites

Some features that may be available on the Sites require registration.  You agree to provide true, accurate, current and complete information about yourself.

Some features on may require use of a password.  You agree not to share with anybody your password for the Sites, and you agree not to let anybody else use the Sites while logged in under your account.  You agree never to use the same password for the Sites that you use or have ever used outside of the Sites, as this increases the risk that your accounts on the Site and other services associated with the password will be hacked.  You accept full responsibility for all omissions or acts that occur through your account.  You agree to change your password and notify us immediately if you have any reason to believe that another person may have learned your password or accessed the site under your login.

Links

Our Sites may provide links to other websites for your convenience and information. Those websites may be operated by companies not affiliated with. Linked websites likely have their own terms, which we strongly suggest you review. We are not responsible for the content of any websites that are not affiliated with us, any use of those websites, or the practices of those websites.

Trademarks and Copyrights

Trademarks, logos and service marks displayed on the Sites are registered and unregistered trademarks of DiverseyCleaning, its subsidiaries, their licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Sites without the owner’s prior written permission. DiverseyCleaning reserves all rights not expressly granted in and to the Sites and its content.  Each Site and its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Infringement Notice

We respect the intellectual property rights of others and request that you do the same.  You are hereby informed that DiverseyCleaning has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of DiverseyCleaning’s system or network who are repeat copyright infringers.  If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent by emailing orders@diverseycleaning.com.au

To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. 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, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DiverseyCleaning is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the Sites, including material you provide to us, and so we have an absolute right to remove any material from the site in our sole discretion at any time.

DISCLAIMERS

YOUR USE OF THE SITES IS AT YOUR SOLE RISK.  THE SITES ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS.  WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME.  COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVERS THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE OR TIMELY.  IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIVERSEYCLEANING OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY OF ANY KIND. DIVERSEYCLEANING DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES.  YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.  YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK AND THAT A SIGNIFICANT PORTION OF THE SITES ARE MADE AVAILABLE TO YOU AT NO CHARGE.  RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DIVERSEYCLEANING NOR ITS SUBSIDIARIES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE SITES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITES, DIVERSEYCLEANING’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF DIVERSEYCLEANING, ITS SUBSIDIARIES, SUPPLIERS, OR OTHERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.  YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER DIVERSEYCLEANING NOR ITS SUBSIDIARIES OR SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES.  YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH DIVERSEYCLEANING IS TO DISCONTINUE YOUR USE OF THE SITES.  YOU AND DIVERSEYCLEANING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless DiverseyCleaning and its subsidiaries and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Sites and any violation of these Terms of Use.  If you cause a technical disruption of the Sites or the systems transmitting the Sites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.  DiverseyCleaning reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with DiverseyCleaning in the defense of such matter.

Jurisdiction and Applicable Law

The laws of the State of New Jersey (except those provisions relating to conflicts of law) govern these Terms of Use and your use of the Sites, and you irrevocably consent to the jurisdiction of the courts located in New Jersey for any action arising out of or relating to these Terms of Use.  

Entire Agreement and Admissibility

This agreement and any policies or operating rules posted on the Sites constitute the entire agreement and understanding between you and DiverseyCleaning with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.  A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.