Definitions
Authorised User
means the Customer and any person or entity in respect of whom the Customer has requested that Sika grant access to in respect of this portal.
Business Day
means any day except a Saturday, Sunday or public holiday in Sydney, New South Wales.
Claims
means all claims, complaints, demands, suits, proceedings, actions, litigation, judgments, liabilities, losses, damages, costs (including, without limitation, all legal costs on the higher of a full indemnity or solicitor/own client basis), interest, charges and expenses of whatever description and of every kind.
Conditions
means these portal conditions of use (as may be varied from time to time).
Customer
means the relevant customer of Sika to whom this portal relates.
Personnel
means Sika’s agents, officers, employees and contractors
Sika
means Sika Australia Pty Limited ABN 12 001 342 329.
Customer’s Obligations
The Customer: (a) must ensure the log-in details of Authorised Users are kept secret and confidential and are only used by the relevant Authorised User; (b) must immediately notify Sika in writing if an Authorised User ceases being an Authorised User (eg, if an employee leaves) and in that case Sika shall have 2 Business Days to action that request; (c) must immediately notify Sika in writing if they know or suspect the log-in details of an Authorised User have been used by or disclosed to a non-Authorised User; (d) must ensure the information and documentation on the portal is kept secret and confidential and is only used for the purpose of carrying on its business in the ordinary course; (e) to the fullest extent permitted by law,accepts sole and full liability and responsibility for the acts and omissions including, without limitation,in respect of any negligence, misuse or fraud, of all Authorised Users and all non-Authorised Users (other than Sika or the Personnel) who use the log-in details of an Authorised User.
Sika’s Rights
Sika may at anytime: (a) vary the Conditions by notice to the Customer (which may or may not be in the form of a ‘click to accept’ function); (b) suspend, change or terminate the log-in details of an Authorised User; (c) suspend, change or terminate the access and/or use of the portal or any functionality of the portal or any information and/or documentation on the portal.
Indemnity
To the fullest extent permitted by law, the Customer indemnifies Sika and the Personnel from and against any Claims that they suffer or incur arising from or relating to any breach of the Conditions by the Customer.
Limitation of Liability
To the fullest extent permitted by law, Sika is not liable for: (a) any delay, disruption, interference or inability to use the portal; (b) any Claims the Customer suffers or incurs arising from or relating to any exercise or attempted exercise of any of Sika’s rights (whether under the Conditions or otherwise); (c) any loss of profit, opportunity, revenue, savings, bargain or business, loss or interruption of production, delay damages, cost of capital or purchase of replacement product, damage to goodwill or reputation, and any consequential, special, incidental or other indirect loss or damage of any kind, or for any exemplary or punitive damages, irrespective of whether or not Sika was made aware of the possibility of such loss or damage; (d) any errors, defects or omissions in respect of the portal or any information and/or documentation on the portal.
Australian Consumer Law
Notwithstanding any limitation of liability provisions in the Conditions, if Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) applies to the Customer’s access and/or use of the portal, then Sika’s liability for consequential loss or damage and Sika’s total liability are subject to the provisions of the Australian Consumer Law to the extent that they cannot be excluded or modified by the Conditions.
Entire Agreement
To the fullest extent permitted by law: (a) all implied warranties, terms and conditions including, without limitation, those arising from use, trade or custom are hereby excluded; (b) the only conditions which are binding on Sika in respect of the portal are the Conditions (however, for clarity, any orders for goods and/or services by the Customer from Sika will be governed by the relevant terms applying to same); (c) the Customer agrees that it has not relied upon any representatio
Cookies
Sika may collect general information including, without limitation, the pages the Customer accesses, the date and time of the Customer’s visit, IP addresses, and the domain name and country from which the Customer accesses the portal. This includes the use of “cookies”. Whilst browsers can be configured to not accept cookies, this may affect the functionality of the portal.
Waivers
Any waivers by Sika are only binding if given in writing and signed by two authorised officers of Sika.
Severability
If any part of the Conditions is unenforceable in part or whole then it is to be severed to the extent of the unenforceability without affecting the remainder of the Conditions.
Jurisdiction
The Conditions are governed by and interpreted according to the laws of New South Wales, Australia and Sika and the Customer consent and submit to the jurisdiction of the Courts of New South Wales and of the Commonwealth of Australia.