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Ask Hilti Terms of Use


TERMS OF USE

for the Community www.ask.hilti.com.au

 

In the following, please find our Terms of Use regarding the participation in the Community, which we ask you (“hereinafter “You” or “User”) to study carefully.

 

The following Terms of Use lay down the rules for the relationship between the host of the online platform www.ask.hilti.com.au and the services being provided thereunder (hereinafter together and individually referred to as the "Community"), Hilti (Aust.) Pty Limited, Level 5, 1G Homebush Bay Drive Rhodes, NSW 2138 Australia, Australian Business Number (ABN) 44 007 602 100 (hereinafter "Hilti") and the User.

 

1.  Formation of the contractual relationship, changes to the Terms of Use

1.1. By completing the registration process for the Community, the User makes an offer regarding the conclusion of a user agreement on the basis of these Terms of Use (“User Agreement” or “Terms of Use”). By activating the user account, Hilti accepts the offer regarding the conclusion of the User Agreement.

 

1.2. Any terms of the User opposing or deviating from these Terms of Use shall be independent from the User`s account activation and shall only be deemed to be accepted and agreed upon Hilti`s express written confirmation.

 

1.3. Hilti is entitled to change and adjust these Terms of Use during the term of the User`s membership (“Term Changes”). Hilti shall submit the Term Changes to the User in text form, explicitly pointing out the Term Changes. Moreover, Hilti shall grant the User a reasonable period of ten (10) calendar days to declare whether or not he/she accepts the Term Changes for the continued use of the Community. If no declaration is made within this period, the Term Changes shall apply from the end of that period onwards. Hilti shall expressly inform the User of this legal consequence upon commencement of the period. If the User objects to the Term Changes, Hilti is entitled to terminate the User Agreement without notice at the time the Term Changes become effective. If the User does not agree to the Term Changes, they may terminate the User Agreement, at any time prior to the Term Changes becoming effective. If the User Agreement is not terminated, the Term Changes will be applicable.

 

1.4. For individual functionalities of the Community “Add-On Services”, additional terms and conditions may apply, which the User must accept prior to being provided with those Add-On Services. Add-On Services will only be provided to the User for consideration and only if the User has accepted the additional terms and conditions applicable to those Add-On Services.

 

2.  Subject matter of the Terms of Use

2.1. The subject matter of the User Agreement is the provision of the Community by Hilti, available at www.ask.hilti.com.au. Within the scope of this Community, Users may ask questions related to the products and services offered by Hilti.

 

2.2. The questions may be answered by Hilti employees or by other users of the Community. Questions being answered by Hilti employees are being marked as “verified by Hilti”.

 

2.3. Until further notification by Hilti in accordance with section 1.3 above, the Community is being provided free of charge.  

 

2.4. The Community is solely intended and designed for Users belonging to professional business customers in the construction and sub-construction industries, energy system contraction and in building maintenance, and not in any other fields of business and not intended to be used by any private end consumers.

 

2.5. The Community and the services being provided thereunder by Hilti may be modified, adjusted, extended or ceased by Hilti at any time (“Community Changes”). The notification procedure as set forth in section 1.3 above shall not be applicable to Community Changes. However, Hilti will notify Users of material Community Changes, and such notice may be given by posting a notice of such changes on the Community. Use of the Community and the services as amended by Community Changes shall be subject to this Terms of Use.

 

3.  Registration, user account, treatment of passwords

3.1. Natural persons may register for the use of the Community on their own behalf or as a company representative in accordance with section 2.4 above. Users must be at least eighteen (18) years of age in order to register. 

 

3.2. The User is obliged to make correct and complete statements with respect to his/her personal data in accordance with the requirements of the registration form and to keep his/her personal data up to date at all times.

 

3.3. The User is obliged to keep his/her password secret, keep it in a safe place and to refrain from disclosing it to third parties. If the password is disclosed to third parties, the User shall inform Hilti by email or in writing without undue delay so that the old password can be blocked and a new password can be created. The User is not entitled to make his/her user account available to third parties. The User acknowledges that he/she is fully responsible to Hilti for the activities of a third party to whom he/she has made the user account available.

 

4.  User Content

4.1. As between Hilti and the User, the User owns and remains the owner of any information, data, pictures, audios, footages, texts, pictures, graphics, statements, opinions, comments, ideas, know-how, technical and business information, technical drawings, documents and processes, as well as of financial-, construction-, market- or development-related data posted, submitted, uploaded or made available to the Community in any form by the User or under the User's account (“User Content”).

 

4.2. Upon making any User Content available within the Community, the User herewith grants to Hilti, Hilti Corporation, Feldkircherstrasse 100, FL-9494, Liechtenstein (“Hilti Corporation”) and to any “Hilti Affiliate” of Hilti Corporation (hereinafter altogether referred to as “Hilti-Group”), the non-exclusive-, transferable-, sub licensable-, free of charge-, irrevocable-, unlimited in time-, content- and area right to make the User Content permanently available for access by other users and the public. Furthermore, the aforementioned right granted, includes Hilti-Group`s right to use the User Content for other internal or external purposes, such as for commercial-, marketing- and other product and services, campaigns and activities via all available distribution and communication channels. Moreover, the Hilti-Group shall have the right to delete, edit and relocate the User Content at any time and without the need to obtain the User`s permission, particularly, but not limited to, within the Community in order to link them to other contents or to close conversations. Each company in which Hilti Corporation – directly or indirectly – holds minority or majority shareholder participation rights shall be deemed as a Hilti Affiliate for the purpose of this Terms of Use. The User unconditionally and irrevocably consents to any and all acts or omissions, whether occurring before or after the date of this consent, which would (without this consent) otherwise constitute a breach or infringement of the User's moral rights in all User Content; and, to the maximum extent permitted by law, waives all of the User's moral rights in the User Content for the benefit of the Hilti, its licensees, successors in title and anyone authorised by Hilti to do acts comprised in the copyright. The User agrees that, to the extent the consent or waiver above does not operate as an immediate consent in relation to, or a waiver of, these rights, to give a written consent and waiver at any time at Hilti's request in accordance with this clause.

 

5.  Community Content

5.1. The Hilti-Group and its respective licensors exclusively and unrestrictedly retains ownership, reserves all rights, title and interest and all intellectual property-, copy-, and other similar rights in the Community and in any content other than User Content, in particular with respect to texts, representations, graphics, layouts, pictures, audio and video and the selection and arrangement thereof as well as any other information submitted, posted, uploaded or made available to the Community in another form by Hilti, Hilti Corporation or an Affiliate (“Community Content”), unless explicitly otherwise stated in this Terms of Use. Hilti is entitled by Hilti Corporation to grant the User access to the Community and to provide Services according to the terms and conditions of this Terms of Use.

 

6.  User obligations

6.1. General User obligations

6.1.1. The Community and Community Content may be utilized by the User within the scope of the contractually agreed purposes only. Any other use is prohibited, including, in particular, the following activities:

 

·    systematic reading of other users' contact details for the purpose of disclosure to third parties;

 

·    harassment of other users by aggressive, obscene, insulting, defamatory or persistent postings to the platform or messages;

 

·    harassment of other users by sending masses of unbidden advertisements or any unsolicited commercial electronic messages;

 

·    substantial or permanent use of the Community for the purpose of publishing and distributing User Content that is substantively not relevant for the purpose or the subject area of the Community or its blogs and platforms and that could affect the Community's attractiveness for other users;

 

·    engaging in any activities that result in excessive system loads or system disruptions;

 

·    the use of other people's identities for the purpose of registering, posting or sending messages;

 

·    using the Community to upload any material of any kind that contains any virus, Trojan horse, spyware or other harmful or malicious component;

 

·    posting of any information, User Content or other material that breaches applicable law and/or violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right;

 

·    posting any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation; and/or

 

·    using any other user`s content in any way that is designed to create a separate content service or that replicates any part of the Community offering.

 

6.1.2. User has to backup User Content as Hilti does not offer or conduct respective data backups.

 

6.1.3. The User Content shall comply with the rules of polite and respectful interpersonal dealings. Criticism and opinions should be voiced and allowed to be voiced in a constructive spirit.

 

6.2. User obligations with respect to User Content

6.2.1. The User shall ensure that he/she does not violate any third-party rights (e.g. violation of copyrights, violations of personal rights, competition law infringements) by posting User Content.

 

6.2.2. The User shall particularly, but not limited to, indemnify Hilti against any and all claims asserted by third parties against Hilti in connection with an infringement the User committed. In this respect, the User shall bear any and all appropriate costs for the legal defense.

 

6.2.3. Hilti is entitled to delete or deactivate User Content if such content potentially violates third-party rights or if third parties assert claims on the basis of an infringement and the justification of such claims cannot obviously be ruled out.

 

6.2.4. If the User becomes aware of an alleged infringement by the User's Content, the User must inform Hilti in writing without undue delay.

 

6.3. User obligations with respect to Community Content

6.3.1. User is prohibited to reproduce, distribute, lease, lent, present, publicly broadcast or communicate, make publicly available, process, adjust, transform or use the Community Content in any other way without Hilti's prior written consent. The User shall only be permitted to reproduce, distribute or share the Community Content via the technically functionalities provided in the Community. The rights in all signs used within the Community (trademarks, business names and titles) shall remain reserved by their respective owners.

 

6.4. User obligations with respect to Hilti`s Code of Conduct for Suppliers

6.4.1. User shall comply at any time with Hilti`s Code of Conduct for Suppliers.

 

6.5. Breach of User`s obligations

6.5.1. Without limiting any other rights Hilti may have, any of the breaches of User`s obligations set forth in section 6 entitles Hilti to terminate the User Agreement and to block User`s account according section 7.3 below. Moreover, Hilti is entitled to refuse to activate a new account for the respective user.

 

7.  Termination and deletion of the user account

7.1. The User is entitled to terminate the User Agreement with Hilti at any time without stating reasons. Notice of termination must be given in text form or may be given implicitly by User deactivating his/her account. If the User Agreement is terminated, the User's profile shall be deleted, while his/her User Content published within the Community shall remain available without a link to the User's account.

 

7.2. Hilti shall be entitled to terminate the User Agreement giving ten (10) days’ notice at any time in text form.

 

7.3. Notwithstanding section 7.2 above, Hilti is, via notification in text form, entitled to terminate the User Agreement without observing a notice period and with immediate effect, if there is good cause. In particular, good cause shall exist if the User:

 

7.3.1. materially breaches his/her contractual obligations set forth in the User Agreement, or

 

7.3.2. violates statutory provisions when using the Community;

 

and either:

 

7.3.3. such breach is not capable of remedy; or

7.3.4. does not remedy such breach within 10 days of being requested to remedy the breach by Hilti.

 

In addition, if good cause exists (including in the specific cases described above), Hilti is also entitled to suspend and/or, delete the User`s account and to refuse to create a new account for this user.

 

7.4. Hilti may exercise its right to terminate the User Agreement without notice and to delete the User`s account, if the User has not logged in for at least one year.

 

8.  Disclaimer

8.1. When using the Services, User must comply with the recommendations set forth in section 3 of Exhibit 1 (Service Description) and is solely responsible for implementing the required mitigation steps referred to in that section, using its best efforts to avoid any potential incorrect usage.

 

9.  Non-excludable rights

9.1. Certain legislation, including the Australian Consumer Law, may confer rights and remedies on you which cannot be excluded, restricted or modified ("Non-excludable Rights"). Nothing in these Terms of Use is intended to exclude, restrict or modify your Non-excludable Rights.

 

10. Warranties

10.1.    To the maximum extent permitted by applicable law and subject to section 9:

10.1.1.      Hilti does not make or give, and expressly disclaims, any warranties, guarantees, conditions, and representations, whether in oral or written, express or implied, or arising by usage of the Community, including, but not limited to, any information obtained by User being accurate or reliable, the merchantability of the Community, its fitness for a particular purpose, meeting User`s requirements, or satisfactory quality;

10.1.2.      Hilti does not warrant that the Community will be provided uninterrupted, free of error, free of viruses or bugs, or free of defects in title;

10.1.3.      Hilti does not warrant that the Community not causes any loss or damages resulting from its usage; and

10.1.4.      Hilti is not responsible for problems, conditions, delays, failures and other loss or damages arising from or relating to User`s network connections or telecommunication links or caused by the Internet.

 

10.2.    User shall notify Hilti with undue delay of any alleged defects of the Community or of the Services in writing, including a description of the alleged defect.  Hilti may decide to cure a given defect, but is not obligated to do so.

 

11. Liability

To the maximum extent permitted by applicable law and subject to section 9:

11.1.1.      in no event shall a party be liable to the other party for any special, indirect, incidental, punitive, exemplary or consequential loss; any loss of revenue; loss of profits; loss of data; or lost opportunity; and

11.1.2.      Without affecting section 11.1.1 above, the liability (whether in contract, tort, including negligence, or otherwise) of either party under or in connection with the User Agreement to the other shall be limited in the aggregate to the greater of:

11.1.2.1.    the amount paid by the User to Hilti in respect of the Community and any Add-on Services, if any, and

11.1.2.2.    AUD 100.

11.1.3.      Notwithstanding sections 11.1.1 and 11.1.2, a party`s liability for indemnity obligations under these Terms of Use shall not be excluded or limited in any way.

 

11.2.    To the extent to which Hilti is entitled to do so, Hilti limits its liability in respect of any Non-excludable Rights, at its option to:

11.2.1.      in the case of services, any one or more of the following:

11.2.1.1.    the supplying of the services again; or

11.2.1.2.    the payment of the cost of having the services supplied again.

 

11.3.    To the maximum extent permitted by applicable law and subject to section 9:

11.3.1.      Hilti shall not be responsible for ensuring that the Community is consistently available and usable without disruptions and errors or that Hilti's own information provided in the Community is up to date, correct and complete at all times;

11.3.2.      Hilti shall not be responsible for information posted by users in the Community to which Hilti only provides access and; Hilti is not obliged to remedy any defects in such information;

11.3.3.      The User, and not Hilti, shall be responsible for any authorized or unauthorized third-party use of his/her user account, profile or personal data stored by Hilti which the User himself/herself enabled; and

11.3.4.      Hilti shall not be responsible for any damage incurred by the User or a third party in this context.

 

11.4.    The User shall compensate Hilti for any and all damage resulting from breaches of these Terms of Use the User is responsible for or from any authorized or unauthorized third-party use of his/her user account, profile or personal data stored by Hilti which the User himself/herself enabled, and the User shall indemnify Hilti against any and all third-party claims arising from these events.

 

11.5.    The availability as well as the control regarding references made within the Community by links to third-party websites are beyond Hilti's control. Hilti does not have any influence on these third-party websites. In particular, Hilti does not endorse the contents of such third-party websites and shall not be responsible for the contents or the security of third-party websites.

 

12. Data Protection

12.1.    In the course of registering, accessing and using the Community, the User`s Personal Data (as defined below in section 12.2) will be collected and processed by Hilti, and Hilti Corporation, each acting as a data controller. The User`s Personal Data may be used, disclosed and otherwise processed for purposes connected with the User Agreement, including to undertake processing activities to make the Community available, accessible and secure to the User, other users and the public as well as maintaining its availability and operability.

 

12.2.    The following personal data of the User may be collected and processed: first- and last name, company email address, phone number, employer, professional function, posts, statements, login-data, e-learning and webinar participations and recordings thereof, information required to issue certificates such as date of birth, nationality, score results, etc., pictures, audios, footage, and any other information posted, uploaded or made available in the Community or referred to in the Community by the User (“Personal Data”).

 

12.3.    Personal Data will be stored and processed in accordance with the applicable data protection law and, from May 2018 onwards, additionally, but only to the extent applicable, according to the European General Data Protection Regulation ("GDPR"). Personal Data will be handled in accordance with Hilti`s Privacy Policy, which can be obtained via https://ask.hilti.com.au/privacy-policy, which details how you can access, correct or complain about the handling of your Personal Data, and how Hilti will respond to your requests or complaints.

 

12.4.    User has been informed that his/her Personal Data are being processed in accordance with the terms and conditions set forth in Exhibit 2 – Data Protection Notice.

 

13. Miscellaneous

13.1.    Should individual provisions of these Terms of Use be invalid or unenforceable or become invalid or unenforceable after the conclusion of the User Agreement, this shall not affect the validity of the remaining provisions of these Terms of Use.

 

13.2.    Except as expressly specified otherwise in these Terms of Use (e.g. section 1.3 and 2.5), any and all changes and amendments to these Terms of Use (including to this section 13.2) must be made in writing.

 

13.3.    These Terms of Use shall be governed by New South Wales law to the exclusion of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

 

13.4.    The courts in and of New South Wales shall have non-exclusive jurisdiction for any disputes arising from or in connection with these Terms of Use.

 


 

Exhibit 1 - Community Description

to the

TERMS OF USE

for the Community www.ask.hilti.com.au

 

1.   Community Description

1.1.  Forum

·     The Community is offering users a “Forum” to discuss (questions, answers, comments) and interact (vote, share, follow) on User Content and Community Content, particularly with regard to Hilti`s products, services and software solutions.

·     The User Content and the Community made available in the Forum is publicly available and not limited to other users or Hilti.

·     Only users being registered and being logged in, can make available User Content or can respond to or comment on Community Content. Others may only read, share and/or follow on these contents.

·     Hilti employees may from time to time also participate in the Forum. Besides official business communication by Hilti, only answers and/or comments explicitly marked as “verified by Hilti” shall be deemed as content being made by and attributable to Hilti.

 

1.2.  E-learnings & Certificates

·     The Community serves as an entry point for a selected number of e-learning offerings on Hilti`s products, services and software solutions which may vary from country to country.

·     From time to time webinars may be hosted and conducted via the Community;

·     Varying from country to country User may obtain a recognized certificate upon successfully accomplishing e-learnings and/or webinars.

 

1.3.  Repository

·     User can upload, store and save certificates (also from other sources) under its account, where User can export this data at any time while the User's account is active. 

 

1.4.  Marketing Materials on Hilti`s products, services and software solutions

·     The Community offers in a separate section marketing materials, such as videos, pictures, etc. for those users being interested.

 

1.5.  Invitation Functionality

·     Varying from country to country Hilti and Users may use the Invitation Functionality to invite users to events, such as webinars, hosted and conducted via the Community by using the email addresses being approved upfront by users within the course of the registration process.

 

2.   Free of Charge vs Consideration

2.1.  Until further notice by Hilti, the functionalities as set forth in section 1 above may be provided free-of-charge by Hilti.

2.2.  Hilti reserves the right, to provide the Community and/or individual functionalities (“Add-On-Services”) to users only for consideration. In such case, additional terms and conditions may be applicable.

 

3.   Disclaimer

When using the Community, the User must according to section 8 of the Terms of Use to the fullest comply with the following recommendations and solely is responsible to implement the required mitigation steps using its best efforts to avoid any potential incorrect usage:

 

Any and all information and data being made available in the Community by Hilti, Hilti Corporation or a Hilti Affiliate concern solely the use of Hilti products and are based on the principles, formulas and security regulations in accordance with Hilti's technical directions and operating, mounting and assembly instructions that the User must strictly comply with. The Hilti product portfolio referred to in the Community may vary from country to country. Use-specific tests are to be conducted prior to using the relevant Hilti product. The User bears the sole responsibility for the absence of errors, the completeness and the relevance of the User Content. Moreover, User bears sole responsibility for having the Community Content, content marked as verified by Hilti, his/her User Content and the content being provided by other users being checked and cleared by an expert with regards to calculation results, engineering recommendations- or judgements (“Expert Review”). Such Expert Review shall particularly be conducted with regard to compliance with applicable norms and permits, prior to using them for User`s specific purposes and facilities.

 


 

Exhibit 2 - Data Protection Notice

to the

TERMS OF USE

for the Community www.ask.hilti.com.au

 

1.  Duration of storage

Personal Data will only be processed and stored for the time the User has an active Community account. If the User has not logged in for at least one year, User`s account will be deleted and his/her Personal Data too.

 

2.  Purposes of processing

The purposes of use, disclosure and other processing of User Personal Data are set out in section 12.1 of the Terms of Use.

 

3.  Transfer to recipients

In order to address your request, Hilti may transfer or disclose your Personal Data to Hilti Affiliates and service providers [FortyOne-Degrees Ltd., ELIC, ECSI Consulting Ltd.], including to recipients outside Australia based in [Germany, USA, Liechtenstein, Switzerland, United Kingdom].

 

4.  My rights and consequences  

Users should be aware that:

(i)   they can de-activate or delete their User account without affecting the lawfulness of the data processing already conducted;

(ii)   they have – to the extent provided by applicable law – the right to:

(a.) request access to my personal data,

(b.) request rectification of my personal data,

(c.) request erasure of my personal data,

(d.) request restriction of processing of your personal data

(e.) request data portability,

(f.)  object to the processing of my personal data (including objection to profiling).

(iii)  they can lodge a complaint with the competent supervisory authority.

(iv)  they are not required to provide Personal Data but if they do not provide it when requested, they may not be able to use ask.hilti.com.au or Hilti may not be able to respond to your enquiry or provide them with assistance, goods or services they have requested.

 

To request to exercise legal rights, contact Hilti as stated under section 5 below.

 

5.  Contact details of Hilti as well as of the Chief Data Protection Officer 

Hilti (Aust.) Pty Limited,
Level 5, 1G Homebush Bay Drive Rhodes, NSW 2138 Australia,
(ABN) 44 007 602 100
Chief Data Protection Officer

Rebecca Thery
Rebecca.Thery@hilti.com
Hilti Corporation
Feldkircherstrasse 100, 9494 Schaan