Terms of Service

Terms of Use for the Thermomix® Recipe Platform (Cookidoo®) and the TM App

Date: 4 June 2018

Preamble

1 Use of Cookidoo®

2 Use of the App

3 Usage Right

4 Purchase made on Cookidoo®

5 Costs

6 Delivery

7 Cookidoo® Subscription

8 Legally Mandatory Information

9 Right of Withdrawal

10 Limitation of Liability

11 Modification of these Terms of Use

12 Final Provisions

Preamble

These Terms of Use determine the use of the “Thermomix® Recipe Platform” (in the following “Cookidoo®”), which is provided by Vorwerk International Strecker & Co., Wolleraustrasse 11A, 8807 Freienbach, Switzerland (in the following “Vorwerk”) available at cookidoo.com.au where users may purchase products, in particular digital recipe files (in the following “Recipes”). Moreover, users may subscribe to Recipes which run or are displayed on specific Thermomix® or mobile devices. Cookidoo® may be accessed via the website or the mobile Vorwerk app “TM App” (in the following “App”). These Terms of Use govern any agreement between Vorwerk and the user (in the following “User”) regarding Cookidoo® and the App.

1 Use of Cookidoo®

1.1 Use of Cookidoo® is only possible after prior registration.

1.2 Upon registration, correct and complete information must be provided. In the event of changes in the user data, these data are to be updated, and incorrect user data are to be corrected.

1.3 The User undertakes to keep secret the access data used to access Cookidoo®. Furthermore, the User is in general responsible for any and all activities that occur under its account.

1.4 The User shall notify Vorwerk immediately of any unauthorized use of its account or any other security breaches.

1.5 In accordance with these Terms of Use, the User may use Recipes on Cookidoo® on a permanent basis or subscribe to the Recipes for a limited period of time. The respective price for the Recipes will be displayed to the User in advance.

1.6 In case that Recipes were created for specific Thermomix® devices, such Recipes may only be used with those devices and not with other Thermomix® devices.

1.7 The User shall not:

work around any technical limitations of Cookidoo®, the Recipes or the App;

hack or modify Cookidoo® or the App;

modify the Recipes;

use Cookidoo® or the App for any purpose that is unlawful or prohibited by these Terms of Use or use Cookidoo® in any manner that could damage, disable, overburden or impair the infrastructure behind Cookidoo® and the App.

1.8 Vorwerk reserves the right to discontinue providing the infrastructure behind Cookidoo® and the App, however, not before the termination of a current recipe subscription. Vorwerk will notify the User about such discontinuation via email to the address provided by the User. In case of such discontinuation, Vorwerk will use reasonable endeavours to ensure that the Recipes are made available to the User in a format that allows the further use of the Recipes also without the App and Cookidoo®.

1.9 Vorwerk reserves the right to restrict access to particular functions or to disable the User’s account in case that the User violates these Terms of Use.

2 Use of the App

2.1 The User can obtain the App from a store for mobile apps (“App Store”), which is provided by a third party. In case that the App is not offered for free, the purchase price for the App will be displayed to the User in advance. In case that the User decides to purchase the App, the User has to confirm the purchase by using a corresponding function in the App Store.

2.2 Some functions of the App do require an active internet connection of the mobile device, i.e. individual functions cannot be used without an active internet connection. Additional costs may arise in connection with the use of such individual functions of the App over the internet, depending on your mobile contract.

2.3 The use of the App requires a compatible smartphone or any other compatible device.

3 Usage Right

3.1 Vorwerk hereby grants the User a non-exclusive, non-transferrable and non-sub-licensable right to use the Recipes and the App for the purposes permitted under these Terms of Use (“Usage Right”). The User may only download and use the Recipes and the App on devices designated for such download.

3.2 The User is only allowed to reproduce Recipes and the App to the extent that this is necessary for the contractual use. The User may not lease or rent the Recipes or the App to third parties. The Recipes and the App are copyright protected.

3.3 The App and the Recipes may be used by the User for their own non-commercial purposes and only as permitted under these Terms of Use. Any commercial use of these contents is subject to Vorwerk’s prior written consent. Pictures may not be copied, sold or otherwise be reproduced, unless Vorwerk has given its explicit written consent.

3.4 Any unauthorized use, including the reproduction of Recipes or the App or the transfer of Recipes or the App to third parties, is not allowed.

4 Purchase made on Cookidoo®

4.1 On Cookidoo®, the User will be able to purchase products (e.g. Recipe Collections) and to subscribe to Recipes.

4.2 The main characteristics of the product are listed on the description page of the product.

4.3 The User will place the product(s) or subscription selected in a shopping basket. The content of the shopping basket can be edited at any time.

4.4 By clicking on the button “Confirm Purchase” or “Subscribe now!” respectively, the User makes a legally binding offer with regard to the purchase of the product or to the Cookidoo® Subscription. The offer is accepted by Vorwerk with the subsequent explicit acceptance via email. The agreement shall have no effect until Vorwerk accepts the offer.

5 Costs

5.1 The User will pay the agreed price to Vorwerk.

5.2 The final price, which is composed of the price indicated on the website/app, includes value-added tax and any other price component. Your payment is made to Vorwerk International in Switzerland. Additional fees may apply.

5.3 The payment is due and payable at the time the agreement is made.

5.4 The methods of payment available are provided to the User before any order. Vorwerk offers the User to pay by credit or debit card (Master Card or Visa).

6 Delivery

For intangible products (e.g. digital Recipes), the delivery occurs upon payment by the User.

7 Cookidoo® Subscription

7.1 The User may subscribe to Recipes (“Cookidoo® Subscription”). The User may use the subscribed Recipes during the term of the Cookidoo® Subscription. After the termination of the Cookidoo® Subscription, Recipes will no longer be available to the User.

7.2 The Cookidoo® Subscription has a minimum term of one year, beginning with its activation, and will automatically renew at the end of this minimum term and each year thereafter, for a further one year term. Either party may terminate the Cookidoo® Subscription with effect to the end of each year without notice period.

7.3 Both parties’ right of extraordinary termination for cause remains unaffected.

8 Legally Mandatory Information

8.1 Vorwerk’s offers are not binding.

8.2 By clicking on the button “Confirm Purchase”, the User makes a legally binding offer with regard to the purchase of the product or to the Cookidoo® Subscription. The offer is accepted by Vorwerk with the subsequent explicit acceptance via email. The agreement shall have no effect until Vorwerk accepts the offer.

8.3 The text of the agreement is not stored by Vorwerk. However, it will be sent to the User together with these Terms of Use via email.

8.4 The User is entitled to statutory warranty and guarantee rights.

9 Right of Withdrawal

The following instructions on withdrawal apply for the permanent paid-for use and the paid-for subscription of Recipes (Cookidoo® Subscription).

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (Vorwerk International Strecker & Co., Wolleraustrasse 11A, 8807 Freienbach, Switzerland, cookidoo@thermomix.com.au) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification concerning your exercise of the right of withdrawal before the withdrawal period has expired.

You may also have other rights to withdraw from this contract under applicable consumer laws.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

9.1 Model Withdrawal Form

(complete and return this form only if you wish to withdraw from the contract)

– To:

Vorwerk International Strecker & Co., Wolleraustrasse 11A, 8807 Freienbach, Switzerland

E-Mail: cookidoo@thermomix.com.au)

– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

– Ordered on (*)/received on (*),

– Name of consumer(s),

– Address of consumer(s),

– Signature of consumer(s) (only if this form is notified on paper),

– Date

__________

(*) Delete as appropriate

10 Limitation of Liability

10.1 All liability of Vorwerk, in particular with regard to any claims of the User for compensation and the reimbursement of any expenditure incurred without effect, shall be based solely upon this clause 10 and any applicable product liability or consumer laws, regardless of the legal nature of the claim.

10.2 Vorwerk is liable in accordance with the applicable statutory provisions in the event of intent and gross negligence, however only for direct damages and not for indirect or consequential damages or lost profit or the like. Vorwerk shall be liable according to the applicable statutory provisions in the event of death, bodily injuries or adverse health effects.

10.3 Except in the circumstances stated in paragraph 10.2 and subject to paragraph 10.7, Vorwerk is liable only for breach of an essential contractual duty, however limited to typical, foreseeable damages.

10.4 The limitation of liability also applies respectively in favour of the employees, agents, legal representatives and assistants of Vorwerk.

10.5 Vorwerk is not liable for any Recipes and other use recommendations if and to the extent that use and safety instructions have not been complied with.

10.6 Any contents that are published by Vorwerk on Cookidoo® and the App are compiled with utmost diligence. Vorwerk, however, does not represent or warrant that such contents are technically correct, complete or up to date.

10.7 Nothing in this clause 10 adversely affects or reduces any warranties or guarantees provided, or the rights and remedies that may be available to the User under, applicable product liability or consumer laws, including the Australian Consumer Law and the Consumer Guarantees Act 1993 of New Zealand, and each provision of this clause 10 is subject to those laws.

11 Modification of these Terms of Use

Vorwerk reserves the right to amend these Terms of Use in case that this becomes necessary due to the further development of Cookidoo® or the App or because new functionalities will be implemented. The foregoing right excludes provisions that determine the parties’ primary contractual obligations, they will not be changed in the manner described in this section. Vorwerk will notify the User in text form about the modified terms before they will enter into force and Vorwerk will inform the User separately about the new provisions as well as the planned date for the new terms to enter into force. At the same time, Vorwerk will grant an adequate, at least six-week period to the User to terminate the agreements that are based on these Terms of Use without notice, in case that the User does not agree with the modified Terms of Use; where there is a termination of the Cookidoo® Subscription, fees which have already been paid for the remaining term will be reimbursed. If the User does not terminate the agreement within the aforementioned period, the modified terms shall apply upon expiration of the period. The termination shall be made in writing or text form (e.g. via email). Upon notification of the modified Terms of Use, Vorwerk will inform the User about his termination right, the applicable termination period and the significance of remaining silent.

12 Final Provisions

12.1 The interpretation of these Terms of Use shall be governed by Swiss law, to the exclusion of conflict of law provisions and the UN Sales Law (CISG). Any applicable provisions concerning the limitation of choice of law and the applicability of mandatory provisions, in particular of the state in which the User as consumer has his habitual residence shall remain unaffected.

12.2 If any provision of these Terms of Use is held to be unenforceable for any reason, the parties will replace the invalid provision with a valid provision which comes closest to the economic purpose of the invalid provision. The remaining provisions of these Terms of Use shall not be affected.

Privacy Policy

Privacy Policy for the Thermomix® Recipe Platform (Cookidoo®), the Thermomix® App and the Thermomix® TM5

Date: 20 April 2018

Content

1 General

2 Data Controller

3 Platform and App

4 Tracking Tools

5 Tracking of Usage Behaviour on Cookidoo® and the App

6 Tracking of Usage Behaviour on Your Thermomix® TM5

7 Payment Data

8 Email Marketing

9 Deletion of Data, Retention of Data

10 Use of Usage Data

11 Information Rights

1 General

1.1 The following provisions determine how Vorwerk International Strecker & Co., Wolleraustrasse 11A, CH-8807 Freienbach, Switzerland (“Vorwerk International”) collects, holds and handles your personal data with regard to the “Thermomix® Recipe Platform” (“Cookidoo®” or “Platform”), the Thermomix® mobile app “TM App” (“App”) and the “Vorwerk Thermomix® TM5”, a kitchen device with optional internet connection (“Thermomix® TM5”).

1.2 You can access this privacy information at any time within the App, retrieve it from Cookidoo® at Help | Data protection or https://cookidoo.com.au/vorwerkWebapp/help#privacy-policy or, if the Thermomix® TM5 is connected with the Internet via the Cook-Key®, access it in the Thermomix® TM5 in the menu Settings | Privacy | Privacy policy.

1.3 In order to use the Platform, App and Thermomix® TM5, you acknowledge and agree that your data will be stored and processed in Switzerland, Germany and the USA.

2 Data Controller

Vorwerk International is the data controller with regard to all data processed as described in the following.

3 Platform and App

3.1 The following provisions of this section 3 do only apply to the use of Cookidoo® and the App. They do not apply with regard to the Thermomix® TM5.

3.2 If you download the App as Apple iOS version, this will be processed via the App store “iTunes” operated by Apple, Inc., 1 Infinite Loop, Cupertino, California 95014, USA (“Apple, Inc”) for the purpose of operating the App, and the data will be transferred to Apple, Inc. For further information on the processing of your data by Apple, Inc., please go to http://www.apple.com/legal/privacy/.

3.3 Automated Data Collection

3.3.1 When Cookidoo® is accessed via the App or via another device, for technical reasons, the following data will automatically be transmitted to Vorwerk International: IP address, date and time, quantity of data transmitted, accessing device, operating system running on the accessing device, a notification of whether access was successful.

3.3.2 The foregoing data will be used to technically enable you to use Cookidoo® and the App. Additionally, the data may be evaluated for statistical purposes and to improve the service offered in a pseudonymous form. You may object to such use of your data. See section 10.2 for further details.

3.4 Data Entered by the User

3.4.1 Before being able to use Cookidoo® and the App, you have to create a user account. For this purpose, you must enter your email address and a password. This data is required in order to create and administer the user account for you. Optionally, you can additionally enter your name and your date of birth. Please note that your user account can be connected with your Thermomix® TM5 if the Thermomix® TM5 is connected with the Internet via the Cook-Key® and if you have given your consent pursuant to sec. 6.2. The personal data which is collected by Vorwerk International is sourced from you directly.

3.4.2 Furthermore, you may provide additional data, such as shopping lists maintained on Cookidoo® or provide data in the course of the use of the weekly planner as offered on Cookidoo®. Such provision of data is optional.

3.5 Cookies

3.5.1 We use cookies on Cookidoo® to give you the best user experience. Cookies are sets of data which are stored by your web browser and which contain data. If your consent is necessary in this respect, cookies will only be used if you have granted the required consent.

3.5.2 You also may deactivate the use of cookies and remove existing cookies in your web browser. For further information, please refer to your browser's help function.

3.5.3 In case you prevent the storage of cookies by setting your browser software accordingly, you may possibly not be able to fully use all features on Cookidoo®.

4 Tracking Tools

4.1 Tracking and Analysis Technologies

4.1.1 We use the following tracking and analysis technologies which are provided by third party providers. All of these technologies use cookies. These tracking tools will be used on Cookidoo® and within the App, even in case you are not logged into your user account.

4.1.2 On behalf of Vorwerk International, the providers listed below do collect information in order to analyse your usage of Cookidoo® and the App in an anonymized way, to compile reports on your activities on Cookidoo® and within the App, and to provide further services to Vorwerk International relating to the usage of Cookidoo® and the App. The IP address transferred by your browser within the framework of the following technologies will not be combined by the providers with other data.

4.1.3 The data collected by the providers will be collected in anonymized user profiles. It will not be connected with your user profile on Cookidoo®.

4.2 Google Analytics and Google Tag Manager

4.2.1 The Platform and the App use Google Analytics and the Google Tag Manager, which are both web analysis services provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). The information generated by the cookie regarding your use of Cookidoo® and the App is usually transferred to a Google server in the USA, and is stored there.

4.2.2 As the IP anonymization function is activated on Cookidoo® and the App, your IP address will be shortened by Google within Member States of the European Union or other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will Google transfer the full IP address to a Google server in the USA, and will shorten it there.

4.2.3 You can prevent collection by Google of the data generated by the cookie and relating to your use of Cookidoo® and the App (including your IP address), as well as processing of these data by Google, by downloading and installing the browser plug-in provided at the following link: https://tools.google.com/dlpage/gaoptout. As an alternative to the browser plugin or within browsers on mobile devices, you can click this link in order to opt-out from being tracked by Google Analytics and the Google Tag Manager within the Platform in the future (the opt-out applies only for the browser in which you set it and within this domain): Opt out of Google Analytics. An opt-out cookie will be stored on your device, which means that you will have to click this link again if you delete your cookies. If you prevent the storage of cookies in accordance with this clause, you may possibly not be able to fully use all features on Cookidoo® and the App.

4.3 New Relic Browser

4.3.1 For the purpose of surveillance of availability and performance of our servers, we use the web analysis service “New Relic Browser”, offered by New Relic Inc., 188 Spear Street, Suite 1200, San Francisco, CA 94105, USA (“New Relic”). Technical performance data such as response and loading times of websites will be collected and held by New Relic and provided to Vorwerk International; this data will be analysed for the purpose of improving our server performance. For this purpose, user profiles which do not contain personal data will be used on a pseudonymous basis. For further information about the respective privacy policy for New Relic browser please see https://newrelic.com/privacy.

5 Tracking of Usage Behaviour on Cookidoo® and the App

5.1 The following provisions of this section 5 do only apply to the use of Cookidoo® and the App. They do not apply with regard to data collected by the Thermomix® TM5 itself.

5.2 In case you have given your consent as outlined below, the following applies:

5.2.1 Subject to your consent, Vorwerk International will track and analyse your visits of Cookidoo® and your use of the App and what products you have viewed or purchased and when. They will furthermore track what functions of Cookidoo® and the App you have used and how you have used them. For this purpose, Vorwerk International will also combine the data collected with Google Analytics and the Google Tag Manager (see section 4.2) with your user account.

5.2.2 Vorwerk International will use the foregoing data for research on your usage behaviour

in order to better understand how you and other users of the Thermomix TM5 use Cookidoo® and the App, and

in order to provide you with content and offers matching your possible interests, and

in order to improve services and products.

5.2.3 Based on the foregoing information, content and recommendations will be displayed on Cookidoo®, within the App or on other websites or apps of Vorwerk International.

5.2.4 If you have given your consent to the processing of data for the foregoing purposes, you have issued the following declaration of consent in the privacy settings on Cookidoo® or within the App:

I agree that the tracking and analysis technologies Google Analytics, Google Tag Manager and New Relic Browser are used. As a consequence, Vorwerk International Strecker & Co., Switzerland may set cookies in order to track and analyse my usage behaviour in order to improve their products and services.

Further details about the tracking and analysis of my usage behaviour and about how to opt-out from the collection and storage of data collected by tracking and analysis technologies are set out in section 4 of the Privacy Policy. Information about how to delete cookies can be found in section 3.5 of the Privacy Policy.

I can withdraw my consent at any time e.g. by sending an email to cookidoo@thermomix.com.au or by changing my privacy settings on Cookidoo® in the TM user profile or within the App.

Further details about this consent declaration are set out section 5 of the Privacy Policy.

5.2.5 You can withdraw your consent at any time e.g. by sending an email to cookidoo@thermomix.com.au or by changing your privacy settings on Cookidoo® in the TM user profile or within the App.

6 Tracking of Usage Behaviour on Your Thermomix® TM5

6.1 The following provisions of this section 6 do only apply to the use of the Thermomix® TM5 and only if the Thermomix® TM5 is connected with the Internet via the Cook-Key®. They do not apply with regard to the use of Cookidoo® and the App.

6.2 In case you have given your consent as outlined below, the following applies:

6.2.1 In case you have given your prior consent, the Thermomix® TM5 will transfer data about the use of your Thermomix® TM5 to Vorwerk International and Vorwerk International will link such data with your user account on the Platform and on the App. The data collected by Vorwerk International on the use of your Thermomix® TM5 comprises of the Thermomix® TM5 device identifier (TM5 Device ID), your country and region, your customer preferences, use of recipe chips, in case of use of guided cooking the recipe name and recipe ID, date and time of each of the usage events. Vorwerk International will thus track what recipes are cooked and what functions of the device are used at what time and date.

6.2.2 Vorwerk International will use this data for the performance of research on your usage behaviour

in order to better understand how you and other users of the Thermomix® TM5 use the Thermomix® TM5, and

in order to provide you with content and offers matching your possible interests, and

in order to improve services and products.

6.2.3 Additionally, in order to improve the connectivity of the Cook-Key®, Vorwerk International will track, record and analyse the type of connection used, the number and duration of successful and failed connections and the number of networks used and in case of failed connections, the reason for the failure in form of an error code.

6.2.4 Depending on the foregoing information, content and recommendations will be displayed on Cookidoo®, within the App, on the Thermomix® TM5 or on other websites or apps of Vorwerk International.

6.3 If you have given your consent to the processing of data on the use of your Thermomix® TM5, you have issued the following declaration of consent during the setup of the network connectivity of the Thermomix® TM5:

I agree that my usage behaviour regarding the Thermomix® TM5 may be tracked by Vorwerk International, Switzerland and that they may analyse my usage behaviour in order to improve the products and services and to provide me with content and offers matching my possible interests. In case I have opened a user account on the Thermomix® Recipe Platform (“Cookidoo®”) I also agree that Vorwerk International may link the transferred data with that user account.

Further details are set out in section 6 of the Privacy Policy. I can disable (and re-enable) this option at any time by changing my privacy settings in the settings menu.

6.4 You can withdraw your consent at any time with future effect by changing your privacy settings in the settings menu Settings | Privacy | Privacy policy on the Thermomix® TM5.

7 Payment Data

7.1 The following provisions of this section 7 do only apply to the use of Cookidoo® and the App. They do not apply with regard to the Thermomix® TM5.

7.2 When purchasing recipes on Cookidoo®, you will have to submit payment information in order to allow processing of payments (depending on the payment method, e.g. a credit card number). Your payment will be processed via the third party payment provider BFS finance Münster GmbH, Höltenweg 35, 48155 Münster, Germany. Your payment is made to Vorwerk International in Switzerland. Additional fees may apply.

7.3 When purchasing the App, you will have to submit payment information in order to allow processing of payments (depending on the payment method, e.g. credit card number).

8 Email Marketing

8.1 From time to time Vorwerk International provides information via marketing email on special offers and discount promotions. In the marketing emails, you will be provid-ed with information on Vorwerk, Vorwerk’s products and current offers and surveys, provided that you have registered for it. You can unsubscribe from marketing emails at any time, either by de-registering from this service on Cookidoo®, or by clicking on the unsubscribe link at the end of each marketing email.

8.2 If you have given your consent to receiving marketing emails, you have issued the following declaration of consent:

I agree that my email address and phone number will be stored and used by Vor-werk International Strecker & Co., Schweiz, for the purpose of receiving email advertising from Vorwerk International (e.g. information on special offers and dis-count promotions). This declaration of consent may be withdrawn by me at any time by sending an email to cookidoo@thermomix.com.au . Additionally, a link to unsubscribe from future marketing emails is contained in each email sent. Further details on the use by Vor-werk International of personal data are set out in the Privacy Policy.

9 Deletion of Data, Retention of Data

9.1 You can completely delete your user account on Cookidoo®. For this purpose, simply send an email with the subject “delete my profile” to cookidoo@thermomix.com.au . Please note that use of Cookidoo® and the App will no longer be possible once the user account has been deleted.

9.2 The data stored on the Thermomix® TM5 can be deleted by using the factory reset function in the settings menu of the TM5.

9.3 Vorwerk International will retain your data to the extent necessary and allowed, this does apply especially for accounting data related to your purchases.

10 Use of Usage Data

10.1 Your personal data necessary for enabling you to use services offered by Vorwerk International (“Usage Data”) will be used by Vorwerk International for handling the contractual relationship. Such Usage Data shall comprise your user ID, information on the beginning and end of the respective usage and on the scope of the respective usage, as well as information on the services provided to you and data as described in section 3.4.

10.2 Usage Data may be used by Vorwerk International in anonymised form if need be, for the purposes of advertising, market research, improvement of services and for creating pseudonymous user profiles. You may object to the creation of pseudonymous user profiles. See section 10.2 for further details on how to object.

10.3 Your data may furthermore be used for the purposes described in the sections 3, 5 and 6 to the extent you have given your respective consent.

11 Information Rights

11.1 Under relevant law, you may have the right to request that Vorwerk International provides you with access to, and/or information on, the data stored by Vorwerk International with regard to your person or your pseudonym, as well as the right to request correction of your personal data.

11.2 Should you require further information or want to object to the use of your personal data, please contact support at the email address cookidoo@thermomix.com.au.

11.3 Please note that your failure to provide us with data which is necessary for us providing services and products to you may affect your usage of the Platform, App and Thermomix® TM5.

Disclaimer

General Disclaimer of Liability

1. Copyright:

Texts, pictures and other information published on the website are – unless otherwise indicated – the copyright of Vorwerk International Strecker & Co. Any storage, duplication, reproduction or forwarding of the content, even in excerpts, is only permissible with the written authorisation of Vorwerk International Strecker & Co. THERMOMIX und COOKIDOO are registered trademarks.

2. Content of the Online Presence:

The internet page operator and the authors shall assume no liability for the topicality, correctness or quality of the information provided. Claims for liability against the operator or the authors which are based upon damage of a material or immaterial type, caused through the use or non-use of the information represented or through the use of incorrect or incomplete information, shall be fundamentally excluded provided it cannot be proved that either the operator or authors acted with intent and/or were grossly negligent. All offers are without engagement and non-binding. The operator and authors expressly reserve the right to modify, supplement or delete sections of the pages or the entire offer without specific notification or to suspend publication temporarily or entirely.

3. References and Links:

Liability in the case of direct or indirect references to third-party internet pages (links), outside the area of responsibility of the operator or authors, may only be derived when the operator of authors have knowledge of the content and when it would be technically possible and reasonable to prevent a use of any illegal content. Therefore, the operator and authors declare expressly that at the time of setting-up the links, the linked pages were free of any illegal content. The operator and authors have no influence whatsoever on the current and future design or on the content of the linked pages. They, therefore, distance themselves expressly from any content on the linked pages that was/has been modified since the links were set-up. This statement applies to all links and references set-up within the internet presence as well as to all third-party entries in guest books, discussion forums and mailing lists established by the operator. The provider of the page to which reference is made shall be solely liable for any illegal, incorrect or incomplete content and, in particular, for any damage ensuing from a use or non-use of such types of information represented and not that party that merely makes reference to respective publications via links.

4. Copyrights and Trademark Rights:

In all publications the author shall endeavour to observe the copyrights associated with the graphics, sound documents, video sequences and texts used, to utilise graphics, sound documents, video sequences and texts prepared by author him/herself or to fall back on graphics, sound documents, video sequences and texts that are licence-free. All brands and trademarks mentioned within the internet presence and possibly protected by third parties shall be unlimitedly subject to the provisions of the currently valid trademark legislation and the ownership rights of the respectively registered owner. It may not be concluded from a simple mention that trademarks are not protected by third-party rights! The copyright for published objects, furnished by author him/herself, shall remain solely with the author of the pages. Any duplication or utilisation of such graphics, sound documents, video sequences and texts in other electronic or printed publications shall not be permissible without the express consent of the author.

5. Data Protection:

Should there be the possibility of entering personal or commercial data within the internet presence (e-mail addresses, names, addresses), then such divulgence on the part of the user shall be on an expressly voluntary basis. The utilisation and payment of services on offer is – as far as technically possible and reasonable – allowed without the disclosure of such data or through the use of anonymous details or a pseudonym.

6. Legal Validity of the Disclaimer:

This disclaimer of liability is to be regarded as a part of the internet presence to which reference has been made on this page. Should parts or individual formulations in this text not, no longer or not fully be compatible with current legislation, the remaining parts of the document shall remain unaffected by this in their content and validity.

Imprint

Address:
Vorwerk International Strecker & Co.
Wolleraustrasse 11a
8807 Freienbach
Switzerland

www.thermomix.com


Sales tax identification number:
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