CNH Industrial Australia Pty Ltd (CNH) may display, distribute, publicise and otherwise use your content, name and other information uploaded by you to our website (Site) for advertising, promotion and any other lawful commercial and business purposes. These terms are an agreement between CNH and you, the individual uploading your content to our Site and accepting these Terms and Conditions (you). By using the Site, you warrant that you are either: (a) over the age of 18 years and you agree to be bound by these Terms and Conditions; or (b) your parent or legal guardian if you are a child under 18 years old agrees to you entering into these Terms and Conditions on your behalf. If "you" are accepting these Terms and Conditions on behalf of a business, "you" means and refers to both you and the business. Affiliates means any business entity that controls, is controlled by, or under common control with CNH, where control has the meaning given to it under the Corporations Act 2001 (Cth) or the Companies Act 1993 (NZ).

 

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN DO NOT USE THE SITE.

 

1. Use of the Site. You may only use the Site for personal and non-commercial purposes in compliance with these Terms and Conditions and all applicable laws. CNH or its licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Site. You agree not to copy, distribute, modify or make derivative works of any materials on the Site without the prior written consent of CNH. All rights are otherwise reserved by CNH.

 

2. Prohibited Content. Your content must not include materials that are pornographic, discriminatory on the basis of race, religion, ethnicity, sexual orientation, or otherwise, unpatriotic, politically motivated, scandalous, controversial, inflammatory, obscene, indecent, defamatory, violate the rights of third parties, promote or encourage the violation of any law, promote or encourage violence or destruction of property, display improper use of CNH products or inappropriate for children or the public, or inconsistent with CNH's image or reputation. You must not upload or provide any content that contains any virus, trojan horse, worm or other malicious software or code.

 

3. Uploading Content. You may use this Site to upload images, photographs, copy, text, illustrations, drawings, written descriptions, videos and other content that you own or have the right to upload.

 

4. License and Consent.

4.1 License to your Content.  You hereby grant to CNH an irrevocable, perpetual, royalty-free, fully paid-up worldwide non-exclusive license to use, modify, edit, reproduce, copy, publish, sublicense, publicly perform, publicly display, index, comment upon, republish and distribute your content and any derivative works of your content that result from modification by or for CNH in any media now known or hereinafter invented. You agree that CNH can use your content for or in conjunction with: (a) any products, services, or related objects of CNH, for marketing, advertising, publicity, or any other commercial or lawful purpose, (b) any packaging, promotional and advertising material associated with any products, services, or related objects of CNH, for marketing, advertising, publicity, or any other commercial or lawful purpose, or (c) publication, distribution or broadcast on the Internet, social media platforms, or via any electronic communications network or system, or on broadcast radio, television, printed publications or otherwise. You agree that CNH owns all derivative works created which are based your content. The foregoing license, any rights granted to CNH under these Terms and Conditions, and any benefits available to CNH may be exercised with or without attribution to you and shall not require CNH to provide you with any compensation, royalty, or other payment or approval rights of any kind. CNH is under no obligation to use any of your content.

4.2 Your Content. CNH will process personal information in accordance with its enterprise privacy statement, available at https://www.caseih.com/en-au/australia/privacy-policy (Australia) or https://www.caseih.com/en-au/australia/privacy-policy (New Zealand); specifically advertising, educating, informing, merchandising, publicity, promotion, trade and/or other marketing. You undertake that, to the extent the content you may submit contains personal information; such personal information has been collected, processed and transferred to CNH in accordance with the laws applicable to You. You are required to disclose the information set out in this Agreement to identified or identifiable individuals in your content. You represent and warrant that you have the right to share this personal information with CNH and its Affiliates, and their service providers and vendors, and, where necessary, have obtained sufficient informed consent from such individuals, as may be required by applicable law or agreement, for CNH to use, collect, process, retain and disclose any personal information for advertising, educating, informing, merchandising, publicity, promotion, trade and/or other marketing and otherwise in accordance with its privacy statement available at https://www.caseih.com/en-au/australia/privacy-policy. You shall provide CNH with copies of such consent as and when requested by CNH.

4.3 Privacy Policies. The collection and use of your information provided through the Site is governed by our privacy policies located at:
Australia: https://www.caseih.com/en-au/australia/privacy-policy
New Zealand: https://www.caseih.com/en-nz/newzealand/terms-conditions

 

5. Termination. CNH may terminate your access to the Site at any time and for any reason. CNH is under no obligation to screen or monitor your content but may review your content from time to time in its absolute discretion to review compliance with these Terms and Conditions. CNH may make any determinations as to what content is appropriate in its absolute discretion. CNH may include, edit or remove any of your content at any time without notice.

 

6. Your Representations Regarding Your Content. You hereby represent and warrant that you are the owner of and control all right, title and interest in your content or that you have the right and power to grant the licenses granted herein, and that there are no other agreements, limitations or restrictions with any other party in conflict with such licenses, including but not limited to, any agreements between you and a social media platform or other service provider (such as Facebook, Instagram or Twitter). You further represent and warrant that your content, and our permitted use of your content, does not and will not infringe any valid right of any third party. You represent that you solely authored, took or photographed any images, video, or photographs present in your content, or that you have otherwise obtained the rights from the author, taker or photographer of any images, video or photographs present in your content. You grant CNH the permission, consent or rights herein with respect to all persons or items displayed in your content. You represent that no other permissions, licenses or consents are necessary in order for CNH to use your content under these Terms and Conditions. If necessary, you agree to assist CNH in acquiring any permission, consent or documentation from third parties that CNH may reasonably request to confirm your representations, at your expense.

 

7. Disclaimers. THE SITE IS PROVIDED “AS IS” AND CNH DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE SITE OR USE OF THE YOUR CONTENT. CNHDISCLAIMS ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU HEREBY IRREVOCABLY WAIVE ALL LEGAL AND EQUITABLE RIGHTS RELATING TO ALL LIABILITIES, CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES AND EXPENSES, INCLUDING BUT NOT LIMITED TO CLAIMS FOR COPYRIGHT OR TRADEMARK INFRINGEMENT, INFRINGEMENT OF MORAL RIGHTS, DEFAMATION, INVASION OF RIGHTS OF PRIVACY, RIGHTS OF PUBLICITY, INTRUSION, FALSE LIGHT, PUBLIC DISCLOSURE OF PRIVATE FACTS, PHYSICAL OR EMOTIONAL INJURY OR DISTRESS OR ANY SIMILAR CLAIM OR CAUSE OF ACTION IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE YOUR CONTENT.

CNH HAS NO OBLIGATION OR LIABILITY IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR LOSS OF USE, REVENUE, OR PROFIT OR FOR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN THE SITE OR USE OF YOUR CONTENT, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

8. Indemnification. You agree to defend, indemnify and hold harmless CNH, its officers, directors, employees, assignees, licensees and agents, and Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms and Conditions, (ii) your content, (iii) your use of materials or features available on the Site (except to the extent a claim is based upon infringement of a third party right by materials created by CNH or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

 

9. General Provisions. These Terms and Conditions constitute the sole and entire agreement of the parties with respect to the subject matter contained herein and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Notwithstanding any language to the contrary, these Terms and Conditions shall supersede and control over any other general privacy statements between CNH (or its Affliiates) and you regarding your content and the subject matter of these Terms and Conditions, where such general privacy statements shall remain in full force and effect for all other purposes and transactions between the parties that do not specifically relate to the subject matter of these Terms and Conditions.

If any term or provision of these Terms and Conditions are invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

These Terms and Conditions are binding on and shall inure to the benefit of the parties hereto and their respective successors, heirs and assigns.

These Terms and Conditions are subject to change by CNH at any time, effective when posted on the Site. Your continued use after such notice will constitute acceptance by you of such changes.

All matters arising out of or relating to these Terms and Conditions shall be governed by and construed in accordance with the state and federal laws applicable in Australia or New Zealand as the context requires without giving effect to any choice or conflict of law provision or rule (of New York or any other jurisdiction). Any copyright matters shall be handled according to the copyright law of Australia. Any claim or cause of action arising under these Terms and Conditions shall be brought only in the federal and state courts of Australia, and the parties hereby consent to the exclusive jurisdiction of such courts.

These Terms and Conditions were last updated on February 20, 2025