Terms of Use

1. This website is operated by, or on behalf of, DKSH. “DKSH” includes DKSH AUSTRALIA PTY. LTD. ABN 70 005 059 307, DKSH NEW ZEALAND LIMITED NZBN 9429040700090, DKSH SERVICES NEW ZEALAND LIMITED NZBN 9429032415384, and each of those entities’ related body corporates ("We", "Us" and "Our"") under the domain names www.dksh.com.au, http://dksh.com/nz-en/home and http://dksh.com/au-en/home and includes all related websites of DKSH and their respective subpages ("Site").

2. Your access or use of the Site (including providing information to by you Us via the Site) from within the States or territories of Australia or from New Zealand is your acknowledgement that you agree to abide by, and be bound by, these Terms of Use, Our Privacy Protection Policy that can be accessed through this link [ADD LINK] If you do not accept these Terms of Use, you agree to discontinue use of the Site immediately.

General Information

1. The material and information on our Site are provided to give you general information in relation to our products and services. The information has been prepared without taking into consideration your individual requirements, specifications or objectives.

2. We do not represent or warrant in any manner that the Site or any content, service or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results.

3. Links within the Site to other websites are provided for convenience only and are not an endorsement by Us of any product or service. We will not be responsible for the content of any other website accessed via the Site.

4. You represent and warrant that you are of sufficient legal age to use the Site and any feature on the Site

5. The Site may use software known as ‘cookies’ to record your visit to the Site and collect information which may be used to administer and improve the Site and to provide services to you. Information we may collect includes your server address, the type of operating system you use, your top level domain name, the date and time of access to the Site, pages accessed and documents downloaded, whether you have visited the Site before and the type of browser software in use. You may set your web browser to disable cookies when visiting the Site. However, some functions on the Site may be unavailable if you choose to do so.

6. You agree to use the Site only for lawful purposes, and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Site by any third party. This includes conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or disruption to the Site or to Us. Collection of information which is personal information is subject to our Privacy Protection Policy, a copy of which can be accessed from the Site https://cg.dksh.com.au/privacy.

Intellectual Property

1. Unless otherwise noted, all text, graphics, interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (“content”) on the Site is Our property. You agree that Content must not be copied, used or amended in whole or part without Our prior express consent. All trade marks, whether registered or not, appearing on the Site are the property of Us or their respective owners, as the case may be.

2. All Content is owned or used under license by Us and is protected by copyright, design law, patent, trade mark or other intellectual property law as the case may be. You agree that information and materials on the Site are for personal use only and may not be sold, redistributed, exploited or used for any purpose other than your personal use directly related to contemplating a purchase of Our goods or actually purchasing Our goods.

3. You must not engage in, or arrange or allow, any information harvesting activities from the Site except to the extent that your activities are bona fide personal uses of the Site.

4. We make no representation that the material on any linked websites does not infringe the intellectual property rights or any other rights of any person. We do not authorise the reproduction of such material.

5. By posting, submitting ratings or content you grant Us a royalty-free, perpetual right to use, exploit, reproduce, modify, publish, distribute, create works from, communicate to the public, or use for any purpose your posting, content or rating in any form. You waive any moral rights you may have in that content unless you specifically advise us in writing that you do not wish any such posting, rating or content to continue to be used prospectively.

Governing Law

1. These Terms of Use and your use of the Site shall be, for any entity accessing the Site from Australia, governed by all applicable laws of Victoria, Australia and for any entity accessing the Site from New Zealand, governed by all applicable laws of New Zealand. Disputes arising in connection with the Site or these Terms of Use will be subject to the non-exclusive jurisdiction of the courts of the governing jurisdiction.

Limitation of Liability

1. To the extent permitted by law, We will not be liable for any loss or damage from any cause (except to the extent the cause is Our gross negligence or intentional misconduct) to you or your property (including any website you operate and computer system), or to people linking to us from your website(s), caused by or in connection with your use of or link to Site. If you create a link to the Site, you remain fully responsible for any consequences of that link, whether direct or indirect and you will protect Us against all loss, damage, liability, cost or expense arising from or in connection with the link. You expressly agree that your use of the Site is at your sole risk.

2. The information provided by Us on the Site is provided without warranties of any kind, either express or implied, other than those warranties which are incapable of exclusion, restriction or modification under applicable laws. Specifically, We do not warrant the accuracy, adequacy or completeness of information contained on the Site, nor do We undertake to keep the Site updated.

3. We and Our agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on Our Site. Whilst We strive to ensure the highest quality data and to keep the information on Our Site accurate, complete and up to date, We cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information, except to the extent Our conduct in this regard constitutes gross negligence or intentional misconduct.

4. To the maximum extent permitted by law and notwithstanding any other provision of these Terms of Use, We will not be liable in any way to you or anyone else for any loss, expense, liability, claim, damages (including without limitation, indirect, special or consequential loss or damage), loss of income, data, contract, tort, profit, or loss of opportunity, arising out of your use or inability to use, or access, the Site or any of the services or in relation to any content or information obtained through the Site unless it is the result of Our gross negligence or intentional misconduct.

5. Each party agrees to indemnify the other party and keep the other party indemnified against all actions, claims, costs, demands, damages or liability arising in any manner from a breach by that party of these Terms of Use. Any advice on the Site does not take into account your objectives, financial situation or needs and you should consider whether it is appropriate for you.

6. You agree to take your own precautions to ensure that your use of the Site does not expose you to risk of viruses or other forms of interference which may damage your computer system. You acknowledge that there is risk of unauthorised access to or alteration of your transmission of data or information using the Site.

No Harvesting or Alteration to Site

1. You agree not to transfer, or attempt to transfer, any material, viruses or code to the Site that could cause damage or harm to the Site or in any way impede the security of the Site. You may not attempt to alter the Site. You agree not to transfer, obtain, harvest or mine any data from the Site and you agree that you will not recklessly or intentionally change, remove, deface, hack or otherwise interfere with the Site or any material on the Site.

Additional Provisions and Changes to Terms of Use

1. Additional terms and conditions may apply to purchases of Our goods or services, including contests, promotions or other similar features, all of which form part of these Terms of Use. If there is a conflict between these Terms of Use and the terms applicable to the purchase of our goods or services, the latter terms shall apply.

Information Upload / Interactive Use

1. In relation to your use of or participation in any information uploaded onto the Site or interactive facility with the Site (e.g. online-help, blogs, forums) you agree to the following:

  • You will not post or transmit via or to the Site any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would contravene any law.
  • All content and material which you submit and We publish on the Site becomes Our property. We reserve the right to refuse access to any person or edit or delete material posted by any person for any reason without notice at Our discretion.
  • We may at Our discretion remove, alter or block any material submitted to the Site by you, and We may terminate, suspend or restrict your access or use of part or all of the Site.

2. From time to time We may display international data from our related entities or suppliers related to goods or services available overseas. Any such display of international data is not a representation that We intend to make available in Australia or New Zealand, as the case may be, such goods or services.

3. If any of the provisions of these Terms of Use are void or unenforceable for any reason, such term deleted but only to the extent necessary such that the intent of these Terms of Use, shall remain in full force and effect as far as possible.

Updated November 2023