Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST EXIT THIS WEBSITE IMMEDIATELY AND DISCONTINUE ANY USE OF THIS WEBSITE.
These Terms of Use between you and Franke Australia Pty Ltd ("Company") govern your access to this website ("Site"), and to the information, Services (defined below) and Products (defined below) available at the Site. Your use of the Site or the information, Products or Services available at the Site signifies your acceptance of these Terms of Use, and constitutes a legally binding agreement between you and Company. For purposes of these Terms of Use, "Services" means, collectively, [insert description] and other services provided by Company or its third party service providers through the Site; and "Products" means, collectively, the products offered through the Site and other materials and products provided by Company or its third party product suppliers through the Site. Also, you are subject to any additional terms and conditions posted in connection with particular information, Products or Services (collectively, "Additional Terms") available through this Site. “Terms of Use” shall be understood to include “Additional Terms.” Company may modify these Terms of Use at any time, and will post the modified Terms of Use on this Site. Any modification is effective immediately upon posting. Your continued use of the Site or the information, Products or Services available at the Site, will be conclusively deemed to signify your acceptance of such modifications
Prices and other terms pertaining to orders are as stated on the Site at the time of purchase.
FRANKE® is a registered trademark of Franke Technology and Trademark LTD ("Company Mark"). All other trademarks or registered trademarks appearing on the Site are the property of their respective owners. The Company Mark may be used only with permission and may not be used in connection with any product or service other than those of the Company, and may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company or the Site. You gain no right to use the Company Mark or any other Company marks or those of any other entity by virtue of your use of this Site.
If you choose to register with the Site, you will be asked to provide certain information, including certain personally identifiable information (“Personal Information”). You agree that the information you provide shall be truthful, you will not submit information which is false and you will not impersonate any third party in providing such information. We will handle any Personal Information which you provide to us in accordance with the terms of our Privacy Policy. You are not required to provide any Personal Information to us, but that may limit your ability to access and use certain resources available on our Site.
If you choose, or are provided with, a user name, password, or any other security codes or questions (“User Codes”) as part of our security procedures, you agree to keep the User Codes strictly confidential and not to disclose the User Codes to any other person. We ask that you immediately notify us if you become aware of any unauthorized access to or use of your User Codes or any other actual or potential breach of security. You should use particular caution when accessing your account from a public or shared electronic device so that others may not view or record your User Codes or Personal Information. We reserve the right to suspend or terminate any User Codes at any time in our sole discretion and for any reason, including for any violation of these Terms of Use.
This Site contains copyrighted material, trademarks and other proprietary material belonging to Company, its licensors and others, including, but not limited to, text, data, photos, graphics and other images, software, specifications, audio and video files, and the Products and the Services (collectively, “Proprietary Material”) that are protected by patent, copyright, trademark and other intellectual property laws. You should assume that everything you see or read and everything available on this Site is Proprietary Material owned by Company and protected by these laws.
You shall not use, copy, reproduce, distribute, modify, adapt, create derivative works of, display, publicly perform, transmit, broadcast, sell, license or in any way exploit the Proprietary Material, in whole or in part, without the advance written consent of Company.
Company does not endorse or guarantee the accuracy, reliability or appropriateness of any opinion, statement, information or material displayed or distributed through this Site by third parties. You acknowledge that by using this Site you may be exposed to information that is inaccurate or unreliable or material you find objectionable, and in this respect your use of the Site and your reliance upon any such third party material is at your own risk. Company will have no responsibility for the conduct, on-line or off-line, of any user of this Site and no obligation to monitor use of the Site. However, we reserve the right to review any User Content, and remove, delete, redact or otherwise modify such User Content in our sole discretion, at any time, without notice or other obligation to you. Company reserves the right to disclose, at any time, any User Content that Company deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute resolution process or government request.
By submitting, uploading or transmitting any articles, survey or poll responses, curricula, lesson plans, programs, ideas, feedback or other posts, information, questions, suggestions, submissions or other materials (“User Content”) to the Site, you represent and warrant that you own or have all rights necessary to submit, upload or transmit such User Content and otherwise use it for your intended purpose. You hereby grant Company a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, unrestricted license to use, copy, reproduce, distribute, sub-license, modify, edit, adapt, translate, create derivative works of, publicly perform or display, transmit, broadcast or otherwise exploit all or any portion of your User Content, for any purpose, in any and all media now known or later developed, and to publish your screen name in connection with your User Content. You waive all rights to any claim against Company for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights and rights of attribution in connection with the User Content, and you acknowledge and agree that you are not entitled to receive any compensation for any User Content you submit, upload or transmit in connection with this Site.
Users are prohibited from:
Posting or transmitting to or from this Site any unlawful, fraudulent, threatening, libelous, defamatory, obscene, scandalous, inflammatory, objectionable, abusive, pornographic, or profane content, or any other content that could give rise to any civil or criminal liability as determined in the sole discretion of Company.
Posting any content that is confidential, proprietary, invades the privacy or publicity rights of others or violates the Intellectual Property Rights of any third party. You agree to indemnify the Company for any and all damages resulting from your User Submissions that violate these Terms of Use. The Company reserves the right to prohibit further User Submissions by any user for violation of these Terms of Use.
The Site is provided solely as a convenience to you. You agree that you will not:
We expect users of this Site to respect the intellectual property rights of others. We may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you believe a work protected by a U.S. copyright you own has been posted on this Site without authorization, you may notify our copyright agent, and provide the following information:
To notify Company of claimed copyright infringement, please contact:
KS.Marketingservices.US@Franke.com
This Site may contain links to websites operated by others. Such links are provided solely as a convenience to you. Company does not control such websites and is not responsible for the content, products or services offered through such websites. Company's inclusion of links to websites operated by others does not imply sponsorship, affiliation or endorsement of such websites, or the content, products or services offered through such websites, or of any company or person. If you link to another website, you do so at your own risk, and you will be subject to the terms of use and the privacy policy of such website.
THE SITE AND ALL PRODUCTS AND SERVICES AVAILABLE AT THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OF ANY KIND EXCEPT FOR THE LIMITED PRODUCT WARRANTIES DESCRIBED IN SECTION 15. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE AND THE PRODUCTS AND SERVICES AVAILABLE AT THIS SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS OR OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. IN ADDITION, COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE IS COMPLETELY SECURE.
A copy of applicable product warranties are provided online at the time of purchase and/or with delivery of purchased products.
NEITHER COMPANY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR THIRD PARTY PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE, THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITE, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE, OR ANY LOSS, BUSINESS INTERRUPTION OR OTHER DAMAGE SUSTAINED IN CONNECTION WITH YOUR USE OF THE SITE OR THE PRODUCTS OR SERVICES AVAILABLE AT THE SITE. WITHOUT LIMITING THE FOREGOING, COMPANY'S LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE OR THE PRODUCTS OR SERVICES AVAILABLE AT THE SITE SHALL BE LIMITED TO THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT(S) GIVING RISE TO LIABILITY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
You agree, at your expense, to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, suppliers, licensors and third party partners from and against all claims, losses, expenses, damages and costs (collectively, "Damages"), including reasonable attorneys' fees, arising out of your use of this Site, including, but not limited to, the unauthorized use of your id or password, material (including, without limitation, the User Content) you access, download, submit, post, transmit or make available through this Site, your violation of these Terms of Use, any business or other transaction between you and another Member of this Site and your violation of any rights of a third party.
For information on our data and information collection and use practices, please read our Privacy Policy located at https://www.franke.com/corporate/us/en/general/privacy-policy.html. You acknowledge and understand that Company’s use of the data we collect and your personally identifiable information will be in accordance with the Privacy Policy.
Except as provided in the second sentence of Section 20, all litigation, arbitration, mediation and other proceedings initiated in connection with the Site, the Products or Services will be venued exclusively in the State of Delaware, USA. These Terms of Use and the relationship between you and Company will be governed by the laws of the State of Delaware, USA, without giving effect to principles of conflict of laws of any jurisdiction.
In the event of any controversy, dispute or claim arising out of or related to your use of the Site, the Products or Services, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association. However, Company will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use of the Site or for any other matter where Company believes it is being or will be irreparably harmed by your act, error or omission.
In the event that you have a dispute with one or more users of the Site, you hereby irrevocably release Company and its directors, officers, employees, agents, affiliates, subsidiaries, successors and assigns from any claims, demands or damages, direct, indirect, consequential or otherwise, of any kind, known or unknown, disclosed and undisclosed, arising out of, related to or in connection with any such dispute. If you are a California resident, you hereby waive California Civil Code § 1542, which states that "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
If any provision of these Terms of Use is held to be invalid, illegal or unenforceable under applicable law, then the invalid, illegal or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms of Use, or your use of the Site, the Products or the Services. These Terms of Use, the Additional Terms and our Privacy Policy constitute the entire agreement between you and Company with respect to the Site, the Products and the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Site, the Products and the Services. In the event of a conflict between these Terms of Use and the terms and conditions of any of the foregoing, the Additional Terms shall control with respect to their subject matter. The Section titles in these Terms of Use are for convenience only and have no legal or contractual effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form
By Franke Foodservice Systems Asia Pacific – Marketing Lead Asia Pacific
Template Franke Mobile App - Privacy Policy v1 / EN
Franke Holding and its affiliated companies (together herein referred to as "FRANKE", the "Company", "we", or "us") are firmly committed to protecting your privacy. This Privacy Policy describes our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
Controller within the meaning of the General Data Protection Regulation (“GDPR”) or any other applicable law is the respective Franke company published in the “Contact Us” section at the bottom of this policy.
Definitions
For the purposes of this Privacy Policy:
Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Application means the software program provided by the Company downloaded by You on any electronic device, named Faber Cloud
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to [insert fully company name and address].
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Application.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of usage).
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
During the registration to use Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:
We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company's servers and/or a Service Provider's server or it may be simply stored on Your device.
You can enable or disable access to this information at any time, through Your Device settings.
The Company may use Personal Data for the following purposes:
We may share Your personal information in the following situations:
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to transfers worldwide.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
We use commercially reasonable administrative, technical, and physical safeguards to protect personal information collected through the usage of this service. We retain the information we collect for as long as reasonably necessary to provide services and fulfill the purposes described in this Privacy Policy.
Rights of the Data Subjects
You may have certain rights relating to your personal data under local data protection laws, and we discuss the rights provided in various jurisdictions below. We honor individuals’ rights where required under applicable law, and, depending on the applicable laws, these rights may include the right to:
All requests should be sent to us at the contact details noted in the “Contact Us” section of this Policy. Your personal information may be processed in responding to these rights. If you are exercising a right that is the responsibility of a third party, including one of our affiliates, we will direct you to contact the appropriate data controller who is responsible for responding to your request.
CCPA Privacy Rights
Under the CCPA, among other rights, California consumers have the right to:
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
Children's Privacy
This service is neither designed for nor targeted to children under the age of 13. If you are under the age of 13, do not provide your personal information through the usage of this platform. If you believe your child has impermissibly provided us with their personal information, please contact us (refer to contact section, so that we can identify and delete their information.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page or inside the app.
Contact Us
If you have any queries or complaints about our compliance with this Privacy Policy, if you like to exercise your rights, You can contact us:
Last updated: August, 2022