Website Terms Of Use

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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