Terms of Use – Australia and New Zealand

Effective February 2021

The BISSELL® group of companies (collectively “BISSELL”) has spent more than 140 years finding ways to make your home a cleaner place for you and your pets. In today’s age, one mess we all want to avoid are issues relating to the conduct or use of our business services.  This document provides our Terms of Use (“Terms”) for Australian and New Zealand customers, which governs your use of all BISSELL operated websites, software, apps, and any other BISSELL internet connected products; it also applies to in-person, over-the-phone, and online services provided by BISSELL in Australia and New Zealand (collectively, the “Services”).

If you live outside Australia or New Zealand, please visit the BISSELL website that applies to the country where you are to find a similar document (visit global.BISSELL.com to find the appropriate BISSELL site to your location).

PLEASE READ THE FOLLOWING TERMS CAREFULLY. THEY HAVE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS (INCLUDING BINDING ARBITRATION AND CLASS ACTION WAIVER), YOUR AGREEMENT, AND SOLUTIONS TO POTENTIAL PROBLEMS YOU MAY HAVE WITH THE SERVICES. LIMITATIONS AND EXCLUSIONS ARE ALSO LISTED BELOW.  These Terms are a binding legal agreement between you and BISSELL.

If you have questions, reach out to us using the contact information at the end of this document.

SUMMARY OF THESE TERMS:

This summary is provided for your convenience.  You should still read the Terms below, because they include all terms and conditions applicable to your use of the Services. 

Quick Guide to Contents:

  1. Who Can Use the Services?
  2. What’s Included in the Content & Licenses?
  3. Who Owns the Content?
  4. BISSELL’S License to You
  5. Your License to BISSELL
  6. Copyright Policy
  7. What if I See Copyright Infringement?
  8. How do I Dispute Removed/Disabled Content?
  9. What’s Considered Intellectual Property?
  10. Can I Link and Frame BISSELL Services?
  11. Can My Access to the Services be Changed or Terminated?
  12. Safely Using BISSELL Services
  13. Robot Use & Warranty at BISSELL
  14. Export Control
  15. International Use
  16. Indemnity
  17. Warranty Disclaimer
  18. Limitation of Liability
  19. Your Conduct and Prohibited Actions
  20. Dispute Resolution
  21. General Terms
  22. Changes to these Terms
  23. How to Contact BISSELL

1.    Who Can Use the Services?

The Services are meant for people 18 and older. By using the Services, you consent to the Privacy Policy and agree to these Terms, and you are confirming that you are at least 18-years-old, haven’t been previously suspended or removed from the Services, and your registration and use of the Services comply with the law.  

If you’re acting on behalf of another person or entity, your use of the Services confirms your authority to bind that person or entity to these Terms, and you accept and agree to these Terms on their behalf.

2.    What’s Included in the Content & Licenses?

There are different types of content involved in providing and operating the Services. “Content” refers to all text, links, graphics, images, pictures, music, software, audio, video, information, copyrights, trademarks, trade dress, and other materials and intellectual property comprising of, or included in, the Services.

3.    Who Owns the Content?

All BISSELL Content is owned by BISSELL or its third-party licensor partners. Your use of the Services doesn’t give you any rights to use or control the content except the ones specifically given to you by this Agreement. Copying, republishing, redistributing, or creating derivative works based on the content, including by caching, framing, or similar means, without written consent from BISSELL is prohibited.

The Services and BISSELL Content are protected by copyright, trademark, and other Australian and New Zealand and foreign laws. Besides what is specifically spelled out in this Agreement, BISSELL and its licensors exclusively own all rights, title, and interest in the Services and BISSELL Content, including all associated Intellectual Property rights. You can’t remove, alter, or obscure any copyright, trademark, service mark, or other proprietary right notices on the Services and BISSELL Content.

You should assume everything you read and see on the Services is copyrighted, protected, and owned by BISSELL or a third party. Unless noted, nothing you read or see on the Services, or any of the source code or HTML code that BISSELL uses for the Services may be copied in any way without written consent of BISSELL or the appropriate Content owner.

No Collective Content may be modified without BISSELL’s written consent, with the exception being your own User Content, legally posted on the Services. Besides your own content, you may not upload Collective Content on any inter-, intra- or extranet site or incorporate the information in any other database.

BISSELL isn’t the publisher or speaker of User Content, or any other information on the Services provided by third-party content providers. Any mention in the Services of products or services provided by third parties is for informational purposes only and doesn’t signify an endorsement or recommendation from BISSELL.

4.    BISSELL’S License to You

BISSELL is giving you a limited right to view, download, and print the Services and Collective Content. This license is not exclusive to you, and you can’t transfer it or sublicense it to anyone else. In exchange for these limited rights, you agree to not use, copy, change, distribute, license, sell, transfer, broadcast, or exploit in any way, the Services or Collective Content. Using content for any reason not listed in this Agreement as exempt is prohibited and will terminate the Agreement. The license is revocable by BISSELL at any time.

BISSELL doesn’t approve, control, or endorse any User Content, and has no obligation to do so. We reserve the right to remove or change any User Content on the Services at any time for any reason.

5.    Your License to BISSELL

The Services allow for our users to post their own content.  If you take advantage of this feature and post your own User Content on the Services, under this Agreement you are granting to BISSELL an absolute right and license to use or transmit that content any way we wish, without limitation.  For instance, we can sell this content or use it for advertising purposes, and you are permanently waiving any right you might otherwise have had to limit our use of any information, image or likeness contained in the User Content you post. We also have the right to remove from the Services or modify any User Content at any time, for any reason.  

When you post User Content, we are relying on you to be fully responsible for all the content in your post.  This means you promise to us that each of the following statements are true:

You also give BISSELL the right to identify you as the User Content creator or provider, unless you notify us in writing at the time you submit the content that you wish to stay anonymous.

These promises relate to any User Content you post or provide to any comment areas, expert areas, question and answer or discussion forums, sweepstakes, contests or any other area within the Services.

6.    Copyright Policy

BISSELL respects the intellectual property of others, and we respond quickly to real claims of copyright and similar infringement. We’ll promptly process and investigate allegations and will take appropriate steps under the Copyright Act 1968 (Cth) (“Copyright Act”) or the Copyright Act 1994 (NZ) (as applicable) and other applicable laws. When we get a notice that complies with the requirements set out below in 7, we may remove or disable access to materials in question and we may also terminate access for Users who are the infringers.

7.    What if I See Copyright Infringement?

If there is infringing material on one of our Services, or on any Bissell website or app or other online service hosted overseas, please direct your letter to BISSELL Legal Services Group at consumercentral@BISSELL.com, and place in the subject line “BISSELL Australia Copyright Act Notification” or “BISSELL New Zealand Copyright Act Notification”, as applicable. Include the following information in your letter:

Our Copyright Act Notification requires you to provide a declaration that the information you are providing is accurate and truthful, and as such is an important legal document.  If you misrepresent that an activity is infringing a copyright, you may be liable for damages, including costs and attorneys’ fees.

8.    How do I Dispute Removed/Disabled Content?

If we remove content in response to a DMCA Notification, we may attempt to contact the content provider. If you provided the content, and you want to dispute the claim of infringement, you can send a written counter-notification to the BISSELL Legal Services Group at consumercentral@BISSELL.com. You may be held liable for damages if you misrepresent that an activity is not infringing. We recommend getting an attorney’s advice if you’re unsure of whether an infringement has occurred.

9.    What’s Considered Intellectual Property?

Along with our licensors and partners, BISSELL owns all legal rights in the Services, and all related intellectual property rights. That includes all trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works and any suggestions, ideas, feedback or other information provided by you or any other party relating to the Services, excluding User Content, (collectively “BISSELL IP”). You are not allowed to use any BISSELL IP for any purpose except to view it with the Services. You have not been granted a license in any BISSELL IP by accessing the Services, and BISSELL IP may not be used in connection with any product or service in a way that might cause confusion, such as using it as part of third party trademarks, trade dress, or as part of a domain name, email address, account name or handle, or some other digital property.

10.  Can I Link and Frame BISSELL Services?

BISSELL gives you a limited and revocable right to create a hyperlink to the webpages of the Services, so long as the links don’t portray BISSELL or its products or Services in a false or offensive way. However, you can’t use any of the BISSELL logos, graphics, or trademarks as part of the link without permission. “Framing” or “mirroring” the Services is prohibited without written consent from BISSELL.

The Services may have links to other sites or resources. Since BISSELL can’t control those sites or resources, under this Agreement, you acknowledge BISSELL does not endorse and is not responsible for the availability of those external sites or resources, and isn’t liable in any way, for any damage or loss that may be caused using such content, goods, or services on other sites or resources.

11.  Can my Access to the Services be Changed or Terminated?

Yes.  You are free to terminate your BISSELL account whenever you like by contacting BISSELL directly.

BISSELL likewise can terminate the Services or your specific account as it wishes.  We may change, suspend, limit or discontinue the Services, and can stop, limit or change your own access to the Services, and we reserve the right to do this for any reason, at any time, with or without giving you notice. We reserve the right to do this without offering you any claimed refund if we believe it’s appropriate.

BISSELL also reserves the right to remove or disable access to any Collective Content and suspend or ban your or anyone else’s access to the Services for any reason. To report a violation of the Terms by another User, please contact us at the information at the end of this document. Please know you are responsible for your interactions with other Users and the Services. BISSELL has the right, but no obligation, to monitor disputes between you and other Users.

Under this Agreement, you acknowledge we have the right to block, nullify, or deny your access to the Services. You understand we may exercise this right in our sole discretion, and the right is in addition to, not in substitution of, any other rights and remedies available to BISSELL. If you continue to use the Services after termination, it’s considered a breach of the terms and a violation of copyright laws. You also acknowledge we may disable access to, refuse to post, modify or remove any part of any information or Content for any, or no, reason at all.

All parts of this Agreement which by their nature should survive termination, shall survive the termination of this Agreement, including, but not limited to, provisions about ownership, warranty disclaimers, indemnity, and limitations of liability.

12.  Safely Using BISSELL Services

Despite our safety and privacy controls, we can’t guarantee the Services are entirely free of illegal, offensive, pornographic, or other inappropriate material. We also can’t guarantee that you won’t come across inappropriate or illegal conduct from other Users on the Services. Please help us eliminate these elements by notifying BISSELL of any unwelcome content by contacting us directly as provided below.

13.  Robot Use & Warranty at BISSELL

You agree you won’t use a BISSELL robot or any Services connected to them for any illegal purpose.

Please note: BISSELL isn’t liable for any illegal or other misuse of a BISSELL robot or any other Service and is not responsible for loss or damage to a BISSELL robot or any Services because of use with products or services provided by an entity other than BISSELL.

14.  Export Control

As part of this document, you agree to comply with all Australian and New Zealand, as applicable, and foreign export laws and regulations to ensure neither the Services, or any related technical data, is exported or re-exported in an illegal way. By using the Services, you represent and warrant that you aren’t in a country subject to an Australian Government embargo or New Zealand Government embargo, or which has been designated by Australia or New Zealand as a “terrorist supporting country.” You also warrant you are not listed on any Australian or New Zealand Government list of prohibited or restricted parties.

15.  International Use

BISSELL controls the Services in Australia and New Zealand in no way do we represent that materials contained within the Services are appropriate, or available, for use in other locations, and access to the Services is prohibited from locations where such activity is illegal. Users who decided to access the Services do so on their own initiative and are solely responsible for compliance with the law.

16.  Indemnity

You agree to protect BISSELL and its subsidiaries and associates from any liability, damage or cost (including attorneys’ fees and costs) from any claim or demand made by a third party as a result of your access to or use of the Services, including any violation of this Agreement by you or any third party using your BISSELL Account, login information, or password.

17.  Warranty Disclaimer

You acknowledge that BISSELL has no control over: (1) which Users gain access to or use the Services; (2) what effects the content on the Services may have on you; (3) how you may interpret or use the content on the Services; or (4) what actions you may take as a result of having been exposed to the content on the Services.

Nothing in these Terms of Use limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Terms of Use would contravene any statute or cause any part of these Terms of Use to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, BISSELL excludes from these Terms of Use all conditions, warranties and terms implied by statute, general law or custom. Except for liability in relation to a Non Excludable Guarantee, BISSELL (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise, for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits); whether direct, indirect, special or consequential, arising in any way out of your use of the Services, including, without limitation, the following: (a) any technical difficulties or equipment malfunction (whether or not under BISSELL’s control); (b) any theft, unauthorised access or third party interference. You release BISSELL from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. BISSELL makes no representations concerning any content contained in or accessed through the Services, and BISSELL will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in third party websites. BISSELL makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of any third party information that you access via the Services (but is not published on the Services) and assumes no responsibility for any errors or omissions therein.  BISSELL makes no representation or warranty of any kind, over and above that required by law, with respect to use of Services or the use or accuracy of the information on the Services.

USER ACCESSES THESE SERVICES AT HIS OR HER OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT ADDITIONAL WARRANTIES OF ANY KIND OVER AND ABOVE THAT REQUIRED BY LAW, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY BISSELL ARE HEREBY DISCLAIMED. TO THE EXTENT PERMITTED BY LAW NEITHER BISSELL NOR ANY OF ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. IN NO EVENT WILL BISSELL OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS, OR ILLEGAL CONDUCT OF USERS OF THE SERVICES.

18.  Limitation of Liability

EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, NEITHER BISSELL NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THESE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF OR DAMAGE TO DATA OR INFORMATION OF ANY KIND, DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER, PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH USE OF THE SERVICES OR CONTENT, OR FOR ANY DIRECT DAMAGES IN EXCESS OF $100 (IN THE AGGREGATE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT THE APPLICABLE LAW PERMITS US TO LIMIT OUR LIABILITY, THEN OUR LIABILITY WILL BE LIMITED TO THE RESUPPLY OF THE SERVICES OR PAYMENT OF THE COST OF RESUPPLYING THE SERVICES.

The “Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of BISSELL as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

19.  Your Conduct and Prohibited Actions

These Terms apply to anyone using the Services, even if they don’t have a registered account. By using the Services, you agree that you will:

20.  Dispute Resolution

If you have any questions or concerns, please feel free to reach out to us.  We’re here to help, and would like to work with you directly to resolve any issues or disputes that you may have.  If we cannot resolve such dispute, you and BISSELL each agree that it will be resolved in a binding, confidential, individual and fair arbitration process, and not in court.

Controlling Law & Jurisdiction: This Agreement, and any action related to it, is governed by the laws of the State of New South Wales without regard, to or application, of its conflict of law provisions or your state or country of residence. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any part of the Uniform Computer Information Transactions Act apply to this Agreement. You agree that except as prohibited by law, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys’ fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.

Binding Arbitration and Class Action Waiver: Any dispute related to your use of the Services shall be submitted to confidential arbitration in Victoria, Australia, except that to the extent you violate or threatened to violate our intellectual property rights, we may seek appropriate relief in any state or federal court in the State of Victoria. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Victoria. Arbitration under this Agreement shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration.  The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. These Terms do not allow your class arbitrations even if the procedures or rules of JAMS would.  Rather, you and we are only entitled to pursue arbitration on an individual, bilateral basis. BISSELL operates the Services from its offices in Australia.

21.  General Terms

Entire Agreement: This Agreement constitutes the agreement between Users of the Services and BISSELL regarding Users’ use of, and access, to the Services. Use of the Services is intended for your enjoyment and benefit and the provision of the Services to you constitutes the consideration that you’re entitled to receive for any content or contributions you make.

Waiver & Severability: Our failure to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Any waiver or modification of these terms by BISSELL must be in a writing signed by an authorized officer of BISSELL and expressly referencing the applicable provisions of the Agreement. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.

Transfer & Assignment: This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by you without the written consent of BISSELL. BISSELL may assign this Agreement upon 10 days prior written notice to you. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.

22.  Changes to these Terms

Our Services are always evolving and may change from time to time without prior notice to you. The most current version of our Terms of Use will govern your use of the Services and will be kept at ***link***.  Changes are effective when posted. BISSELL may also notify you of changes if we believe them to be material to this Agreement. If you continue to use the Services after changes become effective, you agree to be bound by the revised Terms.

23.  How to Contact BISSELL

If you have any questions, you can email us about this at BISSELL.com/support/contact-us.

You can also reach us at:

Australia PTY Ltd.

789 Springvale Road

Mulgrave 3171

Victoria

Australia

Phone:-+61 3 9237 2500
Fax: – +61 3 9237 2555