Terms of use

Last Updated:  March 8, 2019.

IMPORTANT – THIS WEBSITE

https://comingsoon.thermomix.ca

(“SITE”) IS OPERATED BY VORWERK CANADA, LTD. THIS IS A LEGAL AGREEMENT BETWEEN YOU (REFERENCED HEREIN AS “YOU” OR “USER” OR “USERS” OR WITH “YOUR”) AND VORWERK CANADA, LTD (REFERENCED HEREIN AS VORWERK” OR “WE OR WITH “OUR”) THAT APPLIES EACH TIME YOU USE OR ACCESS THIS SITE. YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (the or this “AGREEMENT”) AS THEY GOVERN YOUR PURCHASE OF GOODS AND SERVICES, ACCESS AND USE OF THE AVAILABLE INFORMATION, SOFTWARE FUNCTIONALITY, MATERIALS, AND USER CREATED CONTENT PROVIDED THROUGH THIS SITE. 

VORKWERK IS WILLING TO PROVIDE THE RELATED INFORMATION, SOFTWARE FUNCTIONALITY, OR CONTENT TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. 

IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO IMMEDIATELY STOP USING THIS SITE.

THESE TERMS WENT INTO EFFECT ON THE DATE NOTED AT THE TOP OF THIS WEBPAGE. WE MAY UPDATE THESE TERMS FROM TIME TO TIME. IF WE MAKE MATERIAL CHANGES, WE WILL POST THE UPDATED STATEMENT ON THIS PAGE AND CHANGE THE DATE AT THE TOP OF THIS STATEMENT WEBPAGE. WE ENCOURAGE YOU TO LOOK FOR UPDATES AND CHANGES TO THIS STATEMENT BY CHECKING THIS DATE WHEN YOU ACCESS OUR WEBSITES AND MOBILE APPLICATIONS. WE WILL NOTIFY YOU OF ANY MODIFICATIONS TO THIS STATEMENT THAT MIGHT MATERIALLY AFFECT THE WAY WE USE OR DISCLOSE YOUR PERSONAL INFORMATION PRIOR TO THE CHANGE BECOMING EFFECTIVE BY MEANS OF A MESSAGE ON THIS WEBSITE.

LICENSE GRANT

This Agreement provides you with a revocable, limited, non-exclusive, non-transferable, and non-sublicenseable license to use this Site solely for your personal use and conditioned at all times on compliance with the terms and conditions of this Agreement. You may print and download materials and information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.

LICENSE RESTRICTIONS

The foregoing license is limited.  You therefore may not (1) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit this Site (or any part thereof) in any manner not expressly permitted by this Agreement; (2) reverse engineer, decompile, disassemble, translate, or create any derivative work of this Site (or any part thereof); (3) access, link to, or use any source code from this Site (or any part thereof);or (4) erase or remove any proprietary or intellectual property notice contained in or on this Site (or any part thereof).  In addition, you acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.

Use of the website

Subject to VORWERK’s right to monitor or audit compliance, you acknowledge that it is solely your responsibility to maintain your compliance with the terms and conditions of this Agreement.  By accessing or using this Site, you represent to VORWERK that: (1) you are at least the legal age of majority; (2) you are authorized to enter into this Agreement; (3) you will not use this Site for any purpose or in any manner that violates any applicable local, state, national, and international laws, regulations, rules, or guidelines; (4) any information or data provided to VORWERK by you will not violate any law or regulation or infringe the rights of VORWERK or any third-party; and (5) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein. In addition, you agree to assume all responsibility for your use, and the results of your use, of this Site, including meeting any requirements of your contracts with third-parties or other persons.

You further represent that all information you provide to VORWERK (e.g., name, email address, and/or other information requested on a registration or submission form) is complete, true, and accurate and VORWERK has the right to rely upon the information provided. VORWERK may contact you by email, telephone or postal mail for any lawful purpose, which may include (1) follow-up calls, (2) customer satisfaction surveys, and (3) inquiries about any orders you placed, or considered placing, at or through this Site.  If you provide any false, inaccurate, untrue, or incomplete information, VORWERK reserves the right to terminate immediately your access to and use of this Site and take other measures available under law, by contract, or in equity.

OTHER TERMS AND CONDITIONS

If there is a conflict between this Agreement and such other notices, terms, and conditions, VORWERK shall resolve any conflict in good faith in its sole discretion but the latter terms shall generally control with respect to a purchase or business opportunity.

PRIVACY

Please see VORWERK’s Privacy Policy for a summary of VORWERK’s personally identifiable information collection and use practices for this Site.

PROPRIETARY RIGHTS

The contents of this Site, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, presentations in any format, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of this Site (collectively, “Material”) unless otherwise indicated, are owned, controlled, and licensed by VORWERK or its licensors. Any rights granted hereby are expressly licensed. VORWERK does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to this Site (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of this Site (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. All other rights reserved. You must not alter, delete or conceal any copyright or other notices contained on this Site or Material. VORWERK, THERMOMIX, and all other names, logos, and icons identifying VORWERK and its products and services are proprietary trademarks of VORWERK (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of VORWERK, is strictly prohibited.  Other product and company names mentioned herein or on the Site may be the trademarks and/or service marks of their respective owners.

DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN THE LIMITED WARRANTY SECTION, ABOVE, THIS SITE AND CONTENT ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” VORWERK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE PRODUCTS, OR THE USE OR RESULTS OF THE USE, OF THIS SITE OR CONTENT, INCLUDING USER CREATED CONTENT, IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. VORWERK DOES NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE IS WITH YOU. EXCEPT TO THE EXTENT PROHIBITED BY LAW, VORWERK AND ITS AFFILIATES MAKE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VORWERK OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND.

VORWERK shall have no responsibility to provide you access to this Site, and shall not be responsible for the conduct, whether online or offline, of any User of this Site. You further acknowledge and agree that VORWERK shall not be liable or responsible for any claim, damage, or loss resulting, directly or indirectly, from any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication, or any cause beyond VORWERK’s control, including, but not limited to, offers or promotions made available on this Site, any problems or technical malfunction of this Site, failure of electronic or mechanical equipment or any telephone network or communication lines, connecting problems, computer online systems, servers or providers, computer equipment, software, or failure of any e-mail due to technical problems or traffic congestion on the Internet or any combination thereof, computer viruses, unauthorized access, theft, operator errors or omissions, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions, including any injury or damage to Users or to any person’s computer related to or resulting from the use of this Site. Under no circumstances shall VORWERK be responsible for any loss or damage, including personal injury or death, resulting from use of this Site, from any Material, including User Created Content, posted on this Site, from the software, or from the conduct of any Users of this Site, whether online of offline. MOREOVER, YOU AGREE THAT IN NO EVENT SHALL VORWERK NOR ANY OF ITS SUBSIDIARIES OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF VORWERK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITING THE FOREGOING, TOTAL LIABLITY OF VORWERK FOR ANY REASON WHATSOEVER AND UPON ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO USE OF THE SITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO VORWERK FOR ANY PRODUCT OR SERVICE IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $2,500 (US), WHICHEVER IS LESS. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE CAUSE OR THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR OTHERWISE.

LIMITATION ON ACTIONS

Any claim you might have against VORWERK for breach of this Agreement must be brought within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.

INDEMNIFICATION

You agree to release, discharge, defend, indemnify and hold harmless VORWERK and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the delivery of products, services or information through this Site (collectively, “Indemnified Parties”), arising from, in connection with, or relating to, any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith.

GOVERNING LAW

This Agreement has been made in and will be construed and enforced solely in accordance with the laws of Canada and the law of the Province of British Columbia, as applied to agreements entered into and completely performed in the Province of British Columbia and without regard to conflicts of laws rules. In the event, and for whatever reason, should the arbitration clause below be inapplicable, then you consent to the exclusive jurisdiction of the courts in Vancouver, British Columbia, Canada for purposes of any legal action arising out of or related to the use of this Site or these Terms. In addition, you acknowledge that any breach, threatened or actual, of this Agreement, which constitutes an unauthorized use of VORWERK proprietary assets or information, will cause irreparable injury to VORWERK, such injury would not be quantifiable in monetary damages, and VORWERK would not have an adequate remedy at law. You therefore agree that VORWERK shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that VORWERK post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to VORWERK to enforce any provision of this Agreement. In addition, you agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form. Please contact VORWERK if you wish to receive a printed copy of this Agreement. If any part of this Site is contrary to the laws of the jurisdiction from where you are when you access it, this Site is therefore not intended for you, and we require that you not use this Site. Those who choose to access this Site from outside the Canada do so on their initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

BINDING ARBITRATION

ANY CLAIM OR DISPUTE RELATING THIS AGREEMENT SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION. The parties shall attempt to resolve all claims and disputes arising under or relating to this Agreement informally to the maximum extent possible. All claims or disputes arising under or relating to this Agreement that are not resolved between the parties within thirty (30) days after one party gives written notice of a demand for arbitration to the other party shall be determined by private binding arbitration before a single arbitrator in accordance with the Rules of the Canadian Arbitration Association (“CAA”) that are in effect on the date that the notice of a demand for arbitration is given. Any notice of a demand for arbitration shall include sufficient detail to establish the nature of the dispute (including the claims asserted and the material issues with respect thereto) and shall be delivered to the other party. If the parties are unable to agree on the identity of a single arbitrator within forty (40) days after notice of a demand for arbitration is given, then the CAA arbitrator selection rules shall apply. The seat of any arbitration under this Agreement shall be Vancouver, British Columbia, or at such other location as may be mutually agreed to by the parties in writing, and the language of the arbitration shall be English. The laws of the province of British Columbia and the laws of Canada applicable therein will apply during the arbitration. The arbitrator’s decision shall be in writing and describe in detail the legal reasoning adopted by the arbitrator in support of the decision. In rendering a decision, the arbitrator shall follow the governing laws of this Agreement. The arbitrator’s decision shall be final and binding on the parties; provided, however, that errors of law may be appealed to a court of competent jurisdiction for review. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction over the parties. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration. You can obtain procedures, rules, and fee information from the CAA at

https://canadianarbitrationassociation.ca.

NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ARISING OUT OF THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF THE SITE ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU FURTHER UNDERSTAND THAT BY AGREEING TO THIS AGREEMENT, YOU MAY ONLY BRING CLAIMS AGAINST VORWERK IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

ENFORCEMENT

You have no reasonable expectation of privacy while using this Site because VORWERK reserves the right to view, monitor, and/or record activity on this Site (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Actual or attempted unauthorized use of this Site may also result in criminal and/or civil prosecution. You shall therefore not, nor shall you permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by VORWERK for use of or with this Site.  For further clarity, you are prohibited from violating or attempting to violate the security of its website, including, without limitation: (a) accessing data not intended for your use or logging onto a server or an account that you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by submitting a virus, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Actual or attempted unauthorized use of the website or violations of system or network security may result in criminal and/or civil prosecution.

SITE MODIFICATIONS

We reserve the right at any time, and without notice to you or any third party, to modify, suspend or discontinue any part of this Site. We also reserve the right, in our sole discretion, to impose limits on certain features and services.

LINKS TO OTHER SITES

The Site may include links to third-party websites, including, without limitation, third party distributors. VORWERK is not responsible for examining or evaluating the content, accuracy, or privacy policies of any third party linked site or any link contained in a third party linked site. VORWERK expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites, and the inclusion of a third-party link on this Site does not imply our endorsement of those third-party companies or products. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.

MOBILE SERVICES

The Site may offer certain tools or content that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of this Site and its Mobile Services shall be in accordance with this Agreement.

NOTICES

User consents to receive communications from VORWERK electronically, including without limitation by e-mail or by posting notices. User agrees that all agreements, notices, disclosures and other communications that VORWERK provides to User electronically shall satisfy any legal requirement that such communications be in writing. In order for User to withdraw its consent to receive notices electronically, User must notify VORWERK in writing of its withdrawal of such consent.

TERM & TERMINATION

This Agreement will take effect each time you access this site at the moment you click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using this Site, whichever is earliest. VORWERK reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to this Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this Agreement will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use this Site, but all applicable provisions of this Agreement will survive termination, as identified below, and each re-access or use of this Site will reapply this Agreement (then in effect) to you. Upon termination, you must destroy all copies of any aspect of this Site in your possession. The provisions concerning VORWERK’s proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, admissibility of this Agreement, waiver and severability, entire agreement, and governing law will survive the termination of this Agreement for any reason.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send certain specific submissions, namely, comments or suggestions, feedback, or other materials regarding this Site or a VORWERK product or service through this Site (collectively, “feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such feedback that you forward to us. VORWERK is not and shall be under no obligation (1) to maintain any feedback in confidence; (2) to pay compensation for any feedback; or (3) to respond to any feedback. By transmitting any feedback to VORWERK, you further represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third-party (including, without limitation, copyright, trademark, privacy, personality or other personal or proprietary right) and that you have all rights necessary to convey such feedback to VORWERK. In addition, any feedback received by VORWERK will be deemed to include from you a perpetual, non-exclusive, irrevocable, transferable, royalty-free right and license for VORWERK to adopt, use, copy, print, display, reproduce, modify, publish, post, disseminate, transmit, distribute, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content, and you hereby waive any claim to the contrary.

 

GENERAL

If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. In the event any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of this Agreement, the invalidity, voidness, or unenforceability shall affect neither the validity of this Agreement nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of this Agreement shall not constitute a waiver of that or any other provision. This Agreement set forth the entire agreement between you and us in connection with your use of this Site. You may not assign or otherwise transfer this Agreement or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without VORWERK’s prior written consent. Any attempt of assignment, delegation, or transfer in violation of this Agreement shall be void, of no effect, and a material breach of this Agreement. Notwithstanding the foregoing, VORWERK may assign this Agreement in whole or in part. Moreover, VORWERK may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this Agreement. This Agreement and VORWERK’s Privacy Policy, which is hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and VORWERK with respect to the subject matter herein, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and VORWERK with respect to this Site. Please note that VORWERK reserves the right to change the terms and conditions of this Agreement and by which this Site is extended to you by providing you in writing or electronically a copy of such revised terms or posting notice thereof to this Site. Your continued use of this Site following any such change to such Site will be deemed acceptance to be bound by any such change to this Agreement or this Site.

It is the express wish of the parties that these Terms be drafted in English.