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PRODUCT
DISCLAIMER
Introduction:
The Noshmell
Pty Ltd strives to provide you with useful, accurate, and timely information
regarding our products on this website. Accordingly, Noshmell Pty Ltd
has attempted to provide accurate information and materials on this
website about its products but assumes no responsibility for the accuracy
and completeness of that information or materials. Noshmell Pty Ltd
may change the content of any information or materials available at
this website, or to the products described in them, at any time without
notice.
However,
Noshmell Pty Ltd makes no commitment to update the information or materials
on this website which, as a result, may be out of date. Information
and opinions expressed in bulletin boards or other forums are not necessarily
those of Noshmell Pty Ltd. Neither Noshmell Pty Ltd, nor its officers,
directors, employees, agents, distributors, or affiliates are responsible
or liable for any loss damage (including, but not limited to, actual,
consequential, or punitive), liability, claim, or other injury or cause
related to or resulting from any information posted on Noshmell Pty
Ltd's website. Noshmell Pty Ltd reserves the right to revise these terms
and/or legal restrictions at any time.
Product
Definition:
“THE PRODUCT” means a lid for a disposable cup used to contain
coffee, tea or other hot beverage, that:
(a) is blended or impregnated with one or more thermotropic or thermochromic
materials or quasi-reversible thermotropic or thermochromic materials,
at one or more regions, including regions which form words, symbols
or patterns upon reaching differing predetermined non-ambient temperatures;
and
(b) includes a skirt to seal against an open end of a beverage container
whereby the skirt includes a region infused with thermochromic materials
indicating sealing integrity.
(c) is described in Patents, pending and granted, WO/2006/089375 and
WO/2002/055405 and includes all modifications, new versions or replacements
thereof developed.
(d) can be supplied by SLS, its subsidiaries, licensees, distributors
and resellers in a plurality of forms including but not limited to cartons
of lids only and packages of lids and cups mixed together.
Intended
Uses:
(a) The PRODUCT is to be used with caution and the beverages with The
PRODUCT are to be treated with the same degree of caution as any other
hot beverage;
(b) The PRODUCT is not intended as a safety device, it is merely a visual
indicator that the contents of a disposable beverage cup may have warm
or hot liquid in it;
(c) The PRODUCT does not show if a beverage is too hot to drink but
may act as a guide that there may be hot contents within the cup;
(d) The PRODUCT does not show if a lid is not properly attached to a
cup but may act as a guide that there may be a possibility that a lid
is not properly attached;
(e) The PRODUCT does not change the temperature of liquid within the
cup;
(f) The PRODUCT does not show the exact temperature of the liquid in
the cup;
(g) The PRODUCT does not prevent or reduce the chance of burns, scalds
or any injury caused by coming into contact with warm or hot liquid;
(h) It is the responsibility of licensees, distributors, resellers and
users to ensure THE PRODUCT correctly fits their cups. SLS holds no
responsibility if the lids provided do not fit the cups used or planning
to be used by licensees, distributors, resellers and users.
Limitation
of Liability:
You are responsible for reviewing this page from time to time to ensure
compliance with the then-current terms and legal restrictions because
they will be binding on you. Certain provisions of these terms and legal
restrictions may be superseded by expressly designated legal notices
or terms located on particular pages of this website.
All information and materials available at this website are provided
"as is" without any warranties of any kind, either express
or implied, and Noshmell Pty Ltd disclaims all warranties of any kind,
either express or implied, including warranties of merchantability,
fitness for a particular purpose, non-infringement of intellectual property
or arising from a course of dealing, usage or trade practice. In no
event shall Noshmell Pty Ltd be liable for any damages whatsoever (including,
without limitation, indirect, special, consequential or incidental damages
or those resulting from lost profits, lost data or business interruption,
any claim by a customer; any personal injury, death or damage to property
caused by the use of THE PRODUCT) arising out of the use, inability
to use, or the results of use of this website, any websites linked to
this website, or the materials, or the PRODUCTS or information contained
at any or all such websites, whether based on warranty, contract, tort
or any other legal theory and whether or not advised of the possibility
of such damages. If your use of the materials or information on this
website results in the need for servicing, repair or correction of equipment
or data, you assume all costs thereof.
WEBSITE
LEGAL NOTICE
© Copyright Noshmell Pty Ltd. 2010. All rights reserved. Reproduction,
adaptation, or translation without permission is prohibited except as
allowed under the International copyright laws. All the text, graphics,
design, content, and other works are the copyrighted works of Noshmell
Pty Ltd.
TERMS AND CONDITIONS OF USE
Welcome to the corporate website of Noshmell Pty Ltd (www.smartlid.com).
Use of this site is governed by the Terms and Conditions set forth.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
The information and materials provided by Noshmell Pty Ltd may be used
for informational purposes only. By using, accessing or downloading
materials from this website you agree to follow the terms and provisions
as outlined in this legal notice, which apply to all visits to the Noshmell
Pty Ltd website, both now and in the future. Noshmell Pty Ltd may at
anytime revise and update the Terms and Conditions. You are encouraged
to periodically visit this page to review the most current Terms and
Conditions to which you are bound. If you do not agree to these Terms
and Condition of Use, please do not use this website.
RESTRICTIONS
You may view, download and copy information and materials available
on this website solely for your personal, non-commercial use. You may
also use such material within your organization in connection with the
support of Noshmell Pty Ltd's products. As a condition of use, you agree
not to modify or revise any of the material in any manner, and to retain
all copyright and other proprietary notices as contained in the original
materials on any copies of the materials. No other use of the materials
or information is authorized. Any violation of the foregoing may result
in civil and/or criminal liabilities.
OWNERSHIP OF INFORMATION AND MATERIALS
The information and any materials (including white papers, press releases,
data sheets, product descriptions, and FAQs) available on or from this
website are the copyrighted works of Noshmell Pty Ltd, and any unauthorized
use of that information or materials may violate copyright, trademark
and other laws.
Any rights not expressly granted herein are reserved.
TRADEMARK INFORMATION
Noshmell Pty Ltd's trademarks may be used only with written permission
from Noshmell Pty Ltd. All other trademarks, brands, and names are the
property of their respective owners. Except as expressly specified in
these terms and legal restrictions, nothing contained herein shall be
construed as conferring by implication, estoppel or otherwise any license
or right under any patent, trademark, copyright or any proprietary rights
of Noshmell Pty Ltd or any third party.
LINKS TO OTHER WEBSITES
As a convenience and to make the Noshmell Pty Ltd website truly service
oriented we have included links to complementary sites on the Internet.
These sites are owned and operated by third parties. Noshmell Pty Ltd
makes no representation and is not responsible for the availability
of, or content located on or through, these third party sites. A third
party link from the Noshmell Pty Ltd website is not an indication that
Noshmell Pty Ltd endorses the third party or its site, or has any affiliation
with or between Noshmell Pty Ltd and the third party hosting site.
FEEDBACK
All comments, feedback, information or materials submitted to Noshmell
Pty Ltd through or in association with this website shall be considered
non-confidential and Noshmell Pty Ltd's property. By submitting such
comments, information, feedback, or materials to Noshmell Pty Ltd, you
agree to a no-charge assignment to Noshmell Pty Ltd of worldwide rights
to use, copy, modify, display and distribute the submissions. Noshmell
Pty Ltd may use such comments, information or materials in any way it
chooses in an unrestricted basis.
DISCLAIMER
The Noshmell Pty Ltd Internet team strives to provide you with useful,
accurate, and timely information on this website. Accordingly, Noshmell
Pty Ltd has attempted to provide accurate information and materials
on this website but assumes no responsibility for the accuracy and completeness
of that information or materials. Noshmell Pty Ltd may change the content
of any information or materials available at this website, or to the
products described in them, at any time without notice. However, Noshmell
Pty Ltd makes no commitment to update the information or materials on
this website which, as a result, may be out of date. Information and
opinions expressed in bulletin boards or other forums are not necessarily
those of Noshmell Pty Ltd. Neither Noshmell Pty Ltd, nor its officers,
directors, employees, agents, distributors, or affiliates are responsible
or liable for any loss damage (including, but not limited to, actual,
consequential, or punitive), liability, claim, or other injury or cause
related to or resulting from any information posted on Noshmell Pty
Ltd's website. Noshmell Pty Ltd reserves the right to revise these terms
and/or legal restrictions at any time. You are responsible for reviewing
this page from time to time to ensure compliance with the then-current
terms and legal restrictions because they will be binding on you. Certain
provisions of these terms and legal restrictions may be superseded by
expressly designated legal notices or terms located on particular pages
of this website.
ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEBSITE ARE PROVIDED
"AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, AND Noshmell Pty Ltd DISCLAIMS ALL WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY
OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO
EVENT SHALL Noshmell Pty Ltd BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES
OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION)
ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS
WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION
CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS
WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT
OR DATA, YOU ASSUME ALL COSTS THEREOF.
TERMINATION OF USE
Noshmell Pty Ltd may, in its sole discretion, terminate or suspend your
access to all or part of the Noshmell Pty Ltd website, including, but
not limited to any bulletin boards on its site, for any reason, including
without limitation, breach of this agreement. In the event this agreement
is terminated, the restrictions regarding materials appearing on the
site and the representations and warranties, indemnities, and limitation
of liabilities set forth in this agreement shall survive any such termination.
GOVERNING LAW; JURISDICTION AND VENUE
This Agreement shall be governed by and construed in accordance with
the laws of the New South Wales of Australia exclusive of its choice
of law principles. The NSW courts shall have exclusive jurisdiction
and venue over any dispute arising out of or relating to this Agreement,
and each party hereby consents to the jurisdiction and venue of such
courts.
GENERAL PROVISIONS
If any provision of this agreement is deemed void, unlawful or otherwise
unenforceable for any reason, that provision shall be severed from this
agreement and the remaining provisions of this agreement shall remain
in force. This contains the entire agreement between you and Noshmell
Pty Ltd concerning your use of the site, and the agreement shall not
be modified, except in writing, signed by both parties. If you have
questions regarding Noshmell Pty Ltd's Terms and Conditions, please
email: info@smartlid.com. To review Noshmell Pty Ltd's Privacy Policy,
click here.
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