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Terms-And-Privacy

This page has two sections. The first is our policy with regard to Terms and Conditions….and the second is our policy with regard to Privacy.

We are nice people; if you have any questions or concerns, please don’t hesitate to contact us.

 

TERMS & CONDITIONS:

In these Terms and Conditions “we”, “our”, “us” and “WAmart” refer to WAmart Pty Ltd.

ACCEPTANCE OF TERMS

By accessing http://wamart.com.au (“the Website”) you agree to be bound by the terms and conditions set out herein and you accept our privacy policy available at www.wamart.com.au/Terms-And-Privacy. If you object to any of the terms and conditions set out in this agreement, you should not use any of the products or services on the Website and leave immediately.

GENERAL

You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information.

You agree to be fully responsible for any claim, expense, liability, losses or costs, including legal fees, incurred by us arising from any infringement of the terms and conditions set out in this agreement.

As a condition of your use of this site you will not:

1) Post any unlawful, abusive, defamatory, obscene or indecent information or images.

2) Post or transmit any material or images of any kind that violates or infringes upon the rights of any other persons or any material that is protected via trademarks or any proprietary right, without receiving permission from the owner or relevant owner.

PRICING

Advertising prices are guaranteed for the duration of the subscription period. We reserve the right to change our prices by publishing on the website and revised prices will come into effect for all renewals and new subscriptions contracted after the published date.

If you have signed up for an advertising trial, your advert will automatically expire at the end of the period unless you choose to renew it at the published rates in force at the time. There is no requirement for you to renew.

Periods of advertising are sold for specified periods starting from the date of initial activation of each advertisement.

We reserve the right to refuse or remove any advertisement from our site that we consider unsuitable, incomplete or misleading, or which we consider to contain Inappropriate Content, and will not be liable for any expense in so doing;
If an Advertiser wishes to have their advertisement removed from our site before the end of their subscription, this will be done as soon as we receive formal notice from the Advertiser by email, quoting their advertisement. No refunds will be given;
If an Advertiser is in breach of these terms we may remove the advertisement from our site without notice and without refund.

REFUNDS

WAmart Pty Ltd has a no refund policy on subscriptions once the advertisements have been paid for on any of our payment models, as the payment received includes the costs of setting up the advert on the wamart.com.au website.

 

 

RESPONSIBILITY FOR ACCURACY AND CURRENCY OF PROPERTY INFORMATION:

All advertisements should comply with all relevant legislation, including the Competition and Consumer Act 2010.  The advertiser agrees to indemnify WAmart Pty Ltd against all claims or costs arising out of any misleading information in the advertisement.

WAmart Pty Ltd will take every care to reproduce faithfully all details text and photographs provided to us by advertisers. We will not however be held liable for any loss arising out of any error or omission on our part. WAmart Pty Ltd reserves the right to determine the design and layout of advertisements, and (at our discretion) make alterations to submitted text or photographs, should we consider any to be necessary. WAmart Pty Ltd will not be held liable for any loss arising out of such alterations.

MODIFICATION

WAmart Pty Ltd reserve the right to change any part of this agreement without notice. If you do not agree with the revised Terms and Conditions you have the right to be governed by the set of Terms and Conditions in force at the time of the commencement of your advert until such time as that advertising period expires. Any renewals of existing adverts or new adverts will be subject to the Terms and Conditions in force at the time of renewal

LIMITATION OF LIABILITY

WAmart Pty Ltd will under no circumstance be liable for indirect, special or consequential damages, including any loss of business, revenue, profits or data in relation to your use of the Website.

COPYRIGHT

All intellectual property of WAmart Pty Ltd such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of WAmart Pty Ltd.

By using the Website you agree to respect the intellectual property rights of WAmart Pty Ltd and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website.

The advertiser represents and warrants that he:

(1) Owns the copyright in the photographic and textual material supplied by him to WAmart Pty Ltd (the Material and Text) or

(2) Has been authorised by the owner of the copyright in the Material to grant WAmart Pty Ltd permission to use the Material as contemplated below.

The advertiser grants WAmart Pty Ltd a perpetual, royalty-free licence to use the Material for promotional purposes (including public relations material and marketing). The advertiser irrevocably and unconditionally indemnifies WAmart Pty Ltd immediately on demand against any cost, loss or liability (including legal costs), which WAmart Pty Ltd may incur by reason of any breach of copyright arising from its use of the Material. The advertiser understands that it may not reproduce photographic or textual material from any part of the WAmart Pty Ltd website without permission from the relevant copyright owner.

PROVISION OF SERVICES

We endeavour to ensure that the Website will be available 24 hours a day, every day of the year but can not guarantee uninterrupted availability of the WAmart.com.au Website and cannot provide any representation that using the Website will be error free. WAmart Pty Ltd have complete discretion to add, modify, update or remove any part of this site without warning or liability arising from such action.

MARKETING

WAmart Pty Ltd use various external marketing and advertising sources to generate traffic and to drive traffic towards our site and your listing. You agree to allow your details in whole or in part to be individually featured, or featured as part of a group, as long as your personal details are not disclosed to any third party. All marketing and advertising is aimed towards generating enquiries through our website.

SEVERANCE

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

CONTACT DETAILS

By creating an account on the Website, you agree to provide a valid email address to be used as primary form of contact and to inform and update WAmart Pty Ltd if this address changes. You also agree that WAmart Pty Ltd may contact you by email with a monthly newsletter, with information regarding new services, offers and updates relating to the Website and for matters relating to the administration of your listing.

GOVERNING LAW AND JURISDICTION

The laws ofAustralia will govern this Agreement and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of Australian courts without reference to rules governing choice of laws.

 

PRIVACY

WHO WE ARE:

In this privacy policy, references to “we”, “us”, “our” and “WAmart” refer to WAmart Pty Ltd . References to “our Website” or “the Website” refer jointly to the publically available http://wamart.com.au site and to the system used by registered owners at http://wamart.com.au

WHAT INFORMATION WE COLLECT AND HOW:

The information we collect via the Website may include.

  1. Any personal details you knowingly provide us with through forms and our email, such as name, address, telephone number etc.
  2. Your preferences and use of email updates, recorded by emails we send you (if you select to receive email updates on products and offers).
  3. Your IP Address, this is a string of numbers unique to your computer that is recorded by our web server when you request any page or component on the Website. This information is used to monitor your usage of the Website.
  4. Data recorded by the Website which allows us to recognise you and your preferred settings, this saves you from re-entering information on return visits to the site. Such data is recorded locally on you computer through the use of cookies. Most browsers can be programmed to reject, or warn you before downloading cookies, information regarding this may be found in your browsers “help” facility.

WHAT WE DO WITH YOUR INFORMATION:

Any personal information we collect from this website will be used with regard to the Privacy Act 1988and other applicable laws. The details we collect :

  1. Except as detailed below, the personal information that you give us will never be supplied to anyone outside WAmart Pty Ltd without first obtaining your consent, unless we are obliged or permitted by law to disclose it.
    May be used to process any order you may make, to provide after sales service (we may pass your details to another organisation to supply/deliver products or services you have purchased and/or to provide
    after-sales service);
  2. We may not use your email address to send you information on our other products and services unless you have expressly consented, or is permitted by our general Terms & Conditions.
  3. In order to effectively process credit or debit card transactions it may be necessary for the bank or card processing agency to verify your personal details for authorisation.
  4. We may need to pass the information we collect to other companies for administrative purposes. We may use third parties to carry out certain activities, such as processing and sorting data, monitoring how customers use the Website and issuing our e-mails for us. Third parties will not be allowed to use your personal information for their own purposes unless you have expressly consented to this.
  5. We may store your personal data on systems located outsideAustralia, ensuring appropriate safeguards are in place to restrict unauthorised access.