Terms
of Use For Using W & A Willmington Pty Ltd Websites
Welcome to Our Website.
W & A
Willmington Pty Ltd operates the www.caltexdepot.com.au, www.caltexdepot.com & www.gasshop.com.au
(the Websites) to provide its users with automotive, gas, welding
products & services (the Services).
The
terms and conditions set forth herein (the Terms of Use) constitute
a legally binding agreement between you regarding the terms
on which W & A Willmington Pty Ltd offers you access to
its Services.
Your Use of the Services and this Web Site is Governed by These Terms
of Use..
By accessing and using this Web Site, you agree to be bound by each of
the Terms of Use and all applicable laws and regulations governing the
Web Sites. If you do not agree with any of the Terms of Use, you are
not authorized to access or use this Web Site or websites mentioned herein
for any purpose. These Terms of Use May Change Without Prior Notice.
W & A Willmington Pty Ltd reserves the right to modify these Terms
of Use at any time without giving you prior notice. Your use of the Website
and/or websites following any such modification constitutes your agreement
to follow and be bound by the Terms of Use as modified. For this reason,
we encourage you to review these Terms of Use whenever you use this Web
Site and/or websites. The last date these Terms of Use were revised is
set forth below.
14/04/2005 - Website Creation Date
Notices
of Restrictions on Your Use
The Services, the Websites and all data and information and/or content
that you see, hear or otherwise experience on the Web Sites (the Content)
belongs to W & A Willmington Pty Ltd, its partners, affiliates, contributors
or third parties and may be protected by Australian and international
copyright, trademark, intellectual property and other laws, and belong
to W & A Willmington Pty Ltd, its partners, affiliates, contributors
or third parties.
Restrictions on Use
You may use the Web Sites, the Services and the Content solely for your
personal, non-commercial use, and if given access too, commerical use
for the agreed services provided to you in writing. You may print and
store selected portions of the Content, provided that you (1) only use
these copies of the Content for your own personal, non-commercial use,
and if given access too, commerical use for the agreed services provided
to you in writing; (2) do not copy or post the Content on any network
computer or transmit, distribute, publish or broadcast the Content in
any media, including without limitation, a Web site and/or websites;
and (3) do not modify or alter the Content in any way, or delete or change
any copyright or trademark notice. No right, title or interest in any
copied or downloaded Content is transferred to you as a result of any
such copying. W & A Willmington Pty Ltd reserves complete title and
full intellectual property rights in any Content you copy from this Website
and/or websites it owns. You agree not to alter, modify, reformat, copy,
reproduce, duplicate, display, distribute, repost, transmit, publish,
license, sell, rent, transfer, or create derivative works from any Content
obtained from the Web Sites or the Services, except as expressly permitted
by Our Terms of Use herein. Moreover, you may not use any of the marks
appearing throughout this Website and/or websites without express written
consent from the trademark owner, except as permitted by applicable law.
Disclaimer of Warranties
YOU
EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE WEBSITE AND THE SERVICE. W & A Willmington
Pty Ltd MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE
SERVICE. W & A Willmington Pty Ltd EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT,
WITH REGARD TO THE WEB SITES, THE SERVICES, OR ANY INFORMATION OR CONTENT
CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). W & A Willmington
Pty Ltd SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY
OR INDIRECTLY FROM ANY USE OF THE WEBSITE, THE SERVICE OR ANY INFORMATION
OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IT
IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THE WEB SITES
OR THE SERVICES. W & A Willmington Pty Ltd DOES NOT WARRANT THAT
THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE OR THE
SERVICE WILL BE CORRECTED. W & A Willmington Pty Ltd DOES NOT WARRANT
THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BY
THE WEBSITES OR THE SERVICES, OR THAT ANY ERRORS IN THE INFORMATION OR
CONTENT WILL BE CORRECTED. THE WEB SITES, THE SERVICES AND THE INFORMATION
OR CONTENT ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS.
a. Specific Disclaimer For Downloading
of Files
W & A
Willmington Pty Ltd cannot and does not guarantee or warrant
that files will be free of infection by viruses, worms, Trojan
horses or other code that manifests contaminating or destructive
properties. The entire risk as to the quality and performance
of the Websites or the Services, the accuracy of any information
or content provided through the Websites or the Services, or
quality of any file used in conjunction with the Web Sites
or the Services is solely and exclusively with you the user.
b. Specific Disclaimer for International
Use
W & A
Willmington Pty Ltd makes no representation that information
content provided on the Websites is applicable or appropriate
for use in locations outside of Australia.
Limitation of Liability
IF
YOU ARE DISSATISFIED WITH THE WEB SITES OR ANY CONTENT ON THE
WEB SITES, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE WEB SITES. YOU ACKNOWLEDGE,
BY YOUR USE OF THE WEB SITES, THAT YOUR USE OF THE WEB SITES
IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT UNDER NO
CIRCUMSTANCES WILL W & A
Willmington Pty Ltd BE
LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED
TO, (I) ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR
INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA,
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE WEBSITES, THE SERVICES, OR THE INFORMATION
OR CONTENT PROVIDED THEREIN, (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITES, THE
SERVICES AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR
DOWNLOADED THROUGH THE WEBSITES, (III) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITES OR THE SERVICES,
OR (V) ANY OTHER MATTER RELATING TO THE WEBSITES OR THE SERVICES,
EVEN IF W & A
Willmington Pty Ltd HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, W & A
Willmington Pty Ltd LIABILITY
IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT
PERMITTED BY LAW.
Indemnification
You understand and agree that you are personally responsible for your
behavior on the Websites and for your use of the Content. You agree to
indemnify, defend and hold harmless W & A Willmington Pty Ltd, its
subsidiaries, affiliated companies, joint venturers, business partners,
licensors, employees, agents, and any third-party information providers
to the websites, from and against all claims, losses, expenses, damages
and costs (including, but not limited to, direct, incidental, consequential,
exemplary and indirect damages), and reasonable attorneys fees, resulting
from or arising out of your use of the Websites or the Services or your
use of the Content, any violation by you of this Agreement, or any activity
related to your user account (including negligent or wrongful conduct)
by you or any other person accessing the Web Sites or Services through
your user account.
Personal Information and Privacy Policy
W & A
Willmington Pty Ltd may monitor, record, collect and use for
any lawful purpose information generated through your use of
the Web Sites or the Services. The collected information is
subject to our Privacy Statement. Your obligations under these
Terms of Use are in no way conditioned on W & A Willmington
Pty Ltd complying with the terms of our Privacy Statement.
User Conduct
You agree not to take any action that interferes with the proper working
of the Websites; imposes an unreasonable or disproportionately large
load on the Websites infrastructure; might compromise the security of
the Websites; render the Websites or the Services inaccessible to others;
or otherwise cause damage to the Websites or any Content contained on
the Websites. You agree not to add to, subtract from, or otherwise modify
the Content on the Websites except as expressly authorized by W & A
Willmington Pty Ltd in these Terms of Use or by a written agreement between
you and W & A Willmington Pty Ltd. On some parts of the Websites,
you can post advertisements & messages or express your comments on
a given topic and though email addresses thoughout the websites, or start
a new topic to which others can respond. You agree not to upload, distribute,
post or otherwise publish through the Websites or the Services: (a) any
information, data, text, software, photographs, graphics, messages, or
other material (Material) that infringes any patent, trademark, trade
secret, copyright or other proprietary rights or rights of privacy or
publicity of any party; (b) any libelous, defamatory, obscene, threatening,
advertising, pornographic, abusive, or otherwise illegal Material; (c)
any Material that you do not have the right to transmit under law or
under contractual or fiduciary relationships; (d) any Material that contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment; or (e) any Material that
harms minors in any way. If you post anything on the Websites, you guarantee
to us
that you have the legal right to post your material and that it will
not violate any law or the rights of any person or entity. By posting
Material on the Websites, you give W & A Willmington Pty Ltd the
royalty-free, irrevocable, perpetual, worldwide right to use, assign,
sublicense, distribute, display and create derivative works from this
Material, in any and all media, in any manner, in whole or in part, without
any restriction or responsibilities to you. You also acknowledge and
agree that you are solely responsible for the content of any of your
messages. Nevertheless, we reserve the right to delete, move, or edit
messages in our sole discretion. You agree that any Material that you
submit to the Services or the Websites may be edited, removed, modified,
published, transmitted, and/or displayed by W & A Willmington Pty
Ltd, and you waive any and all rights you may have with respect to the
alteration, modification, or removal of your Material. By using the Websites,
you understand and agree that W & A Willmington Pty Ltd is not responsible
for the truth, completeness, objectivity or usefulness of any third-party
advertising or posting, nor does W & A Willmington Pty Ltd endorse
any advertisment or posting. By viewing third-party advertisements & postings,
you assume the risk of believing or disbelieving any content contained
therein. Although W & A Willmington Pty Ltd has the right to do so,
W & A Willmington Pty Ltd generally does not, and assumes no obligation
or duty to, other then what has previously be stated herein, screen,
monitor, edit or review any third-party advertisements or postings. W & A
Willmington Pty Ltd generally has the right to monitor or remove any
third-party advertisements or postings at any time and without notice
pursuant to these Terms of Use, our Privacy Statement or our agreements
with third parties.
General Provisions
a. Entire Agreement
These Terms of Use constitute the entire agreement of the parties with
respect to the subject matter hereof, and supersede all previous written
or oral agreements between the parties with respect to such subject matter.
No waiver by W & A Willmington Pty Ltd of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach
or default.
b. Correction of Errors and Inaccuracies
The
information in the Websites may contain typographical errors
or other errors or inaccuracies and may not be complete or
current. We therefore reserve the right to correct any errors,
inaccuracies or omissions and to change or update information
at any time without prior notice. We do not, however, guarantee
that any errors, inaccuracies or omissions will be corrected.
This Terms Of Use agreement was updated on the 14th of April
2005.
c. No Endorsements of Links
Hypertext links to third party Websites or information do not constitute
or imply an endorsement, sponsorship, or recommendation by W & A
Willmington Pty Ltd of the third party, the third-party Website, or the
information contained therein. You acknowledge and agree that W & A
Willmington Pty Ltd is not responsible for the availability of any such
Website, or the content on such Web site thereon or the services offered
by such Website. Under no circumstances will W & A Willmington Pty
Ltd be responsible for any loss or damage resulting from your use of
any such Web site or the services offered by such Websites or any content
posted on such Web sites or transmitted from such Web sites. Any links
to other sites are provided for convenience only. You need to make your
own decisions regarding your interactions or communications with any
other Websites.
d. Enforcement
You
may terminate your use of the Websites at any time. W & A
Willmington Pty Ltd, in its sole discretion, may terminate
your account and access to the Websites or any related services
at any time, without prior notice, including, without limitation,
for conduct that W & A Willmington Pty Ltd believes violates
these Terms or other policies or guidelines promulgated by
W & A Willmington Pty Ltd, or for conduct that W & A
Willmington Pty Ltd believes is harmful to other users, W & A
Willmington Pty Ltd business or its affiliates, partners and
contributors.
e. Severability
If
any provision of these Terms of Use is found to be invalid
or unenforceable, that provision will be enforceable to the
maximum extent permissible, and the other provisions of the
Terms of Use will remain in full force and effect.
f. General Contact Information
If
you have any questions about these Terms of Use, the practices
of this Website and/or websites, or your dealings with this
Website and/or websites owned by W & A Willmington Pty
Ltd, you may contact us by sending W & A Willmington Pty
Ltd a message though its Website contact forms.
Privacy
on this site
We have created this privacy policy to demonstrate our firm commitment
to your privacy and the protection of your information.
What personally identifiable information
is collected on this site and other sites run by W & A
Willmington Pty Ltd?
Visitors may supply personally identifiable information (such as name,
address or telephone numbers) for various purposes through our email
buttons.These purposes include registering to receive e-mail newsletters,
requesting further information about our products, or simply asking a
question about our websites, which is operated by W & A Willmington
Pty Ltd. W & A Willmington Pty Ltd does not collect personal information
from you unless you provide it to us. This means that you can visit our
site without telling us who you are or revealing any personally identifiable
information about yourself.
How is it used?
When
you supply information about yourself for a specific purpose,
we use the information for only that purpose (such as to provide
the service or information you have requested). For example,
you may be asked to give us individual information to receive
information or manage online services.
Should any material changes be made to the ways in which we use personally
identifiable information, W & A Willmington Pty Ltd will take commercially
reasonable measures to obtain e-mail consent from you. We will also post
the changes to our use of personally identifiable information on our
websites at least 30 days prior to a change.
Security
Personally
identifiable information is stored on our Web server and is
not publicly accessible. Further, personally identifiable information
is only accessed by W & A Willmington Pty Ltd employees
or delegated agents on a need to know basis. All W & A
Willmington Pty Ltd employees and agents have read in full
this policy you are now reading. W & A Willmington Pty
Ltd meets or exceeds all industry standards for the protection
of personally identifiable information.
Choice/Opt-out
If
you have registered to receive e-mail communications from us
and later change your mind, you may contact us to have your
name removed from our distribution lists.
Correct/Update
If you would like to verify the data we have received from you or to
make corrections to it, you may contact us directly through the our web
contact form.
What anonymous information is collected
on this site?
Anonymous
clickstream information is collected for every visitor to this
site. This includes pages viewed, date and time, and browser
type. IP numbers are not stored, but are temporarily used to
determine domain type and in some cases, geographic region.
We do not make any association between this information and
a visitors identity.
How is it used?
The
information is used by W & A Willmington Pty Ltd to build
anonymous behavioural profiles, which are written to the W & A
Willmington Pty Ltd database, securely housed at the W & A
Willmington Pty Ltd data centre in Queensland. There is no
association between an W & A Willmington Pty Ltd profile
and a visitors identity.
How does this site use cookies?
W & A
Willmington Pty Ltd minimizes the use of cookies to only those
necessary to properly route subscribers, and customize the
subscribers experience. W & A Willmington Pty Ltd provides
links to advertiser and partner websites. These sites may choose
to use cookies to better promote their products and services.
Links
This
site may contain links to other Websites. Please note that
when you click on one of these links, you are entering another
site. We encourage you to read the privacy statements of these
linked sites as their privacy policy may differ from ours.
E-mail Links
We
use e-mail links located on this site to allow you to contact
us directly via e-mail. We use the information provided in
your e-mail to respond to your questions or comments. We may
also store your comments for future reference. Your personal
information is only shared with third parties with your explicit
permission.
Legal Disclaimer
We
may disclose personal information when required by law or in
the good-faith belief that such action is necessary in order
to conform to the edicts of the law or comply with legal process
served on W & A Willmington Pty Ltd.
By continuing your use of our websites upon reading this, you agree to
the terms of this website and other websites mentioned herein and operated
by Penrith Gas Shop.
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