Usage Guidelines of the MEDION Website
The MEDION Australia Pty Ltd 100% owned by MEDION AG (stock corporation) (in the following “MEDION”), conducts a web-site in the Internet serving for the information and communication with Internet users under the Internet address http://www.medion.com.au.
Moreover MEDION offers a driver& update service subject to the following legal reference:
- MEDION does not take on guarantees of any kind, neither explicitly nor implicitly. This includes unlimitedly all guarantees for the usability of all data made available in the field of drivers & updates for an indicated or not indicated purpose.
- Under no circumstances is MEDION liable for any consequential damage (unrestrictedly included are damages accrued from profit lost, disruption of operation, loss of information or data or from another financial loss) incurring due to the use of this data.
- The visitor of the MEDION web-site acts at his own risk! This also applies to the case if MEDION has been informed about the possibility of a damage of such kind.
As tenderer of a tele-service, MEDION will only investigate, process or make use of personal data (individual information about personal or factual relations of a definite or determinable person) in so far as it is essential for the implementation of the tele-service (master data). A processing and use of the master data for further purposes is only affected if you as user confer your explicit approval. Neither we consider the use of the web-site as an approval nor is the use of the MEDION-web-site dependent on the granting of your agreement.
You have the right to withdraw your approval concerning the storage, processing and use of your data any time with effect for the future. The declaration of withdrawal may be in writing or in electronic form.
Responsibility for content:
- MEDION is only responsible for contents from third parties held available for the use in the web-site in so far as MEDION is informed about these contents and there is the technical and appropriate possibility to prevent the use.
- A liability for contents of third parties for which MEDION only arranges an access is excluded. An automatic and short-time provision of third parties’ contents on the basis of user queries is considered as procurement of access.
- Liabilities regarding a withdrawal of the utilisation authorisation of illegal contents in accordance with general laws are not affected if MEDION receives the information regarding these contents by observing of the Disclaimer.
- MEDION Australia makes no representation as to the suitability of the file, content or materials for any purpose, and is not under any obligation to update the content or materials.
Product photographs, graphics and illustrations are for illustration purposes only.
MEDION Australia may modify, delete, add to or replace any of the content or materials at any time without notice. You shall be responsible for ensuring that files, content and/or materials downloaded or copied by you contain the full relevant text, do not have any copy error or omissions, and are not used out of context.
MEDION Australia disclaims all warranties and conditions, express or implied with regard to the content or materials including all implied warranties of merchantability, fitness for a particular purpose, title and non – infringement. MEDION Australia shall not under any circumstances be liable for any special or consequential damages or any other damages whatsoever, whether in an action in contract or tort, arising directly or indirectly from or in connection with the use of or reliance upon any of the content or materials. Some jurisdictions may not allow the exclusion of some or all of these implied warranties, so the above exclusion may not apply to you.
References to MEDION Australia products, programs and services in this website do not apply that such products, programs and services are available for purchase, lease, acquisition or use, or are available in any particular format or configuration or with any particular specification, in your area. You should consult with MEDION Australia for details of particular products, programs or services.
The supply of MEDION Australia products, programs and services to you shall be governed by the terms and conditions of the agreement between you and the retailer or service provider, and the relevant MEDION Australia product warranty.
The content or materials may contain typographical or copy errors. When in doubt, please contact MEDION Australia.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS.
MEDION AUSTRALIA DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MEDION AUSTRALIA MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
MEDION AUSTRALIA MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMITTED BY LAW, MEDION AUSTRALIA IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF MEDION AUSTRALIA HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORISED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOUR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.