Terms of Use
1. General
a ) The Site is a shopping website provided by The Trustee for Westridge Family Trust (ABN 38 649 572 578) trading as Westridge Goods (“Westridge Goods”, “us” or “we”) where you can browse, select and purchase products sold by Westridge Goods (“Products”).
b ) This website is located on the web via the domain https://www.westridgegoods.com.au/ and includes all files located in that domain (“Site”).
c ) By accessing this Site, you agree to be bound by these terms of use (“Terms of Use”). These Terms of Use constitute a binding agreement between you and us and govern your use of this Site.
2. Privacy Policy
a ) As part of these Terms of Use, your use of this Site is also subject to our Privacy Policy which is incorporated by reference into these Terms of Use.
3. Legal Capacity to transact
a ) If you are under 18 years of age, you cannot place Orders through this Site. By using this Site, you represent and warrant to us that you are over the age of 18 years. Should we suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
4. Restrictions on Use
a ) Prohibited Conduct: you must not:
i ) use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site;
ii ) engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
iii ) use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
iv) use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
v ) use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site;
vi ) use this Site by any automated means;
vii ) use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
viii ) access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
ix ) interfere with the display of any advertisements appearing on or in connection with this Site;
x ) reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site;
xi ) reproduce, duplicate, copy or store any of the material appearing on this Site other than for your own personal and non-commercial use;
xii ) falsely imply that any other website is associated with this Site;
xiiI ) do anything that leads, or may lead, to a decrease in the value of Westridge Goods’ intellectual property rights in this Site;
xiv ) use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site;
xv ) release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Westridge Good’s without Westridge Good’s prior written consent; or
xvi ) use this Site to transmit any information or material that is, or may reasonably be considered to be:
(1) abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
(2) libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
(3) infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
(4) in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
(5) in breach of any person’s privacy or publicity rights;
(6) a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
(7) in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
(8) containing any political campaigning material, advertisements or solicitations; or
(9) likely to bring Westridge Good or any of its directors, employees or agents into disrepute.
b) Violations of these Terms of Use: Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide services to you if:
i ) you breach any provision of these Term of Use;
ii ) Westridge Goods is unable to verify or authenticate any information that you provide to us; or
iii ) Westridge Goods believes that your actions may cause damage and/or legal liability to Westridge Goods, any of its customers or suppliers or any other person.
c) Indemnity: you indemnify and hold harmless Westridge Goods and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual losses or damages, including all legal fees on a solicitor client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
i ) any material or information that you submit, post, transmit or otherwise make available through this Site;
ii ) your us of, connection to, this Site; or
iii ) your negligence or misconduct, breach of these Terms of Use or violation of any law or the rights of any person.
5. Orders
a ) By placing an Order through this Site, you agree to abide by the terms within our Wholesale Reseller Agreement that are to be read in conjunction with these Terms of Use.
6. Your Account
a ) You must be 18 years or older to purchase Products as a Wholesale Reseller through the Site. We reserve the right to refuse service and terminate accounts if we, acting reasonably, deem that you are acting in breach of these Terms of Use or are using the Site in a fraudulent or improper manner. We also reserve the right to otherwise cancel Orders in accordance with our Wholesale Reseller Agreement.
b ) You:
i ) must ensure that only authorised users have access to your computer and ensure that your login and password that is used to access the Site and the details of your account are kept in a safe and secure manner;
ii ) must notify us through customer service wholesale@westridgegoods.com if you are or become aware that there is or has been an unauthorised use of your login and password or account, or any other security breach relating to your account;
iii ) must promptly advise us of any changes to your information provided to us as part of the Wholesale Reseller registration process;
iv ) are responsible and liable for any person that uses your login and password to Order Product(s) through the Site; and
v ) agree that we may charge you for all Products that have been ordered using your login and password through the Site.
c )You are also obliged to adhere to the Wholesale Reseller Agreement, which includes the prohibition of buying sale items from our retail website. Additionally, you must comply with the requirements set forth in clause 4 (Acceptance and Rejection of an Order) of the Wholesale Reseller Agreement.
7. Prices, fees and charges
a ) We will charge you, and you agree to pay the purchase price of each Product that is ordered through this Site, the Delivery Fee and any other fees and charges set out in these Terms of Use and the Wholesale Reseller Agreement.
b ) All prices and Delivery Fees on the Site are in Australian dollars (AU$). We reserve the right to alter prices and Delivery Fees for any reason at any time before you place your Order.
c ) We will not be liable or responsible for any failure to perform, or any delay in performance of, obligations under the Wholesale Reseller Agreement with you where such failure or delay is caused by an event outside the reasonable control of Westridge.
d ) The purchase price of each Product is shown on the product list on the Site at the time you place your Order.
e ) Refund and Exchange values are subject to re-calculation in accordance with our Wholesale Reseller Agreement.
f ) In the event of a price decrease, we are not obliged to refund you to match any subsequent price reduction after you have placed your Order.
8. Security
a ) While our website hosting provider employs secure technology for transactions with our customers, we will not be responsible for any damage, including consequential losses (whether direct or indirect), that may be suffered by a wholesaler or stockist whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than Westridge Goods.
b ) Westridge Goods may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation and wholesaler acceptance procedures. These procedures help protect bank and credit card account holders from online fraud. Until your first Order has passed our internal fraud prevention checks, your Order will remain on pending status. If further information is requested and you do not provide the requested information within such time as Westridge Goods considers appropriate at its discretion, your Order will be cancelled and, if your payment has been received, it will be refunded back to you.
9. Intellectual Property
a ) Copyright: in these Terms of Use, the term “Proprietary Content” means:
(1) this site;
(2) all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Site, and the selection and arrangement thereof); and
(3) all software, systems and other information owned or used by Westridge Goods in connection with the goods offered for purchase through this Site (whether hosted on the same server as this Site or otherwise).
ii ) All Proprietary Content is the property of Westridge Goods or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms of Use or with the prior written consent of Westridge Goods or other copyright owner (as applicable).
iii ) You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
b ) Trademarks: Westridge Good’s logo is a trademark of Westridge Goods. The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Westridge Goods. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Westridge Goods.
c ) Copyright Claims: If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
10. Warranty
a ) To the maximum extent permitted by law, Westridge Goods and its officers, employees, agents, consultants, licensors, partners and affiliates expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to this Site and any goods purchased or obtained through this Site, including any implied warranty/guarantee of merchantability, fitness for a particular purpose or non-infringement.
b) This Site is provided strictly on an “as is” basis. To the maximum extent permitted by law, Westridge Goods and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:
i ) the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
ii ) this Site will meet your requirements or expectations;
iii ) anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;
iv ) the quality of any goods or other material purchased or obtained through this Site will meet any particular requirements or expectations;
v ) errors or defects will be corrected; or
vi ) this Site or the servers that make it available are free of viruses or other harmful components
11. Limitation of Liability
a ) Exclusion of Liability: To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.
b ) Remedies Limited: To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):
i ) in the case of goods, to any of the following:
(1) the replacement of the goods or the supply of equivalent goods;
(2) the repair of the goods;
(3) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(4) the payment of the cost of having the goods repaired; and
ii ) in the case of services:
(1) the supply of the services again; or
(2) the payment of the cost of having the services supplied again.
c ) Release: You agree that your use of this site is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.
d ) Force Majeure: To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.
12. Indemnification
a ) You agree to indemnify, defend and hold harmless Westridge Goods and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
13. Changes to these terms and conditions
a ) We may, at our discretion, amend these Terms of Use at any time by publishing any amended terms and conditions on our Site.
b ) If you have an Order that has been accepted by us, the Terms of Use that will apply to the Order are the Terms of USE that applied at the time you placed your Order.
14. Your privacy and commercial electronic messages
a ) Unless you have opted out, you agree to us communicating with you via various channels and media (including by email and by advertising on certain websites and social media) about offers, events and promotions. You agree to continue receiving communications from us until the time that you opt out.
b ) You may opt out at any time by:
i ) For email and phone: using the unsubscribe facilities provided in our communications.
ii ) For advertising on certain websites and social media: changing your privacy settings online so you no longer receive targeted advertising (see our Cookie Statement in our Privacy Policy for more details on how to do this). Opting out of receiving email, SMS and mail communications from Westridge Goods will not opt you out of receiving advertising on certain websites and social media.
c ) There are, however, some messages that we must be able to send you. These include, for example, messages relating to your Westridge account, important information about Products that you have purchased (like health and safety recall notices), forgotten passwords, or updates to our T&Cs and Privacy Policy. Opting out of receiving communications from Westridge will not opt you out of receiving these types of messages.
d ) Our Privacy Policy contains information about how you can seek access to or correct the personal information we hold about you, and how you can complain about a breach of privacy.
e ) If you have an enquiry about privacy, you can contact us by email at wholese@westridgegoods.com
f ) The Privacy Policy may be periodically revised to reflect changes in our practices or for operational, legal, or regulatory reasons. Any modifications to our Privacy Policy will become effective as soon as they are published and visible on the Site.
15. Governing law and enforceability
a ) If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
b ) This agreement is governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
c ) You alone, and not Westridge Goods, are responsible for ensuring that your activities conducted on the Site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with these terms and conditions and the policies which form part of these terms and conditions.
16. Risk
a ) We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
b ) You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
17. Definitions
Capitalised terms used are defined in these terms and conditions. In these terms:
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
Indirect Loss means loss of profit, loss of revenue, loss of goodwill, loss of reputation, loss of anticipated savings, loss or corruption of data, loss of opportunity, loss of use and any other loss or damage not arising naturally and according to the usual course of things from the relevant breach, act or omission whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the parties, at the time they made the contract, as the probable result of the relevant breach, act or omission.
Intellectual Property means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trademarks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
Order means any order for a Product placed on the Site.
Product means each good that is advertised on the Site.
Site means the shopping site operated by Westridge Goods.
Wholesale Reseller Agreement means the wholesale reseller agreement entered into separately with you and Westridge Goods after you have been accepted by Westridge Goods to become a wholesale reseller and/or wholesale stockist.