WEBSITE TERMS AND CONDITIONS OF USE
1 About the Website
(a)Welcome to Wire-Lok (Website). The Website provides you with an opportunity to browse
and purchase various products that have been listed for sale through the Website
(Products). The Website provides this service by way of granting you access to the
content on the Website (Purchase Services).
(b)The Website is operated by Woolshed Creek Cattle Company Australia. Access to and use
of the Website, or any of its associated Products or Services, is provided by Woolshed
Creek Cattle Company Australia. Please read these terms and conditions (Terms)
carefully. By using, browsing and/or reading the Website, this signifies that you have read,
understood and agree to be bound by the Terms. If you do not agree with the Terms, you
must cease usage of the Website, or any of Services, immediately.
(c)Woolshed Creek Cattle Company Australia reserves the right to review and change any of
the Terms by updating this page at its sole discretion. When Woolshed Creek Cattle
Company Australia updates the Terms, it will use reasonable endeavours to provide you
with notice of updates to the Terms. Any changes to the Terms take immediate effect from
the date of their publication. Before you continue, we recommend you keep a copy of the
Terms for your records.
2 Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to
accept or agree to the Terms where this option is made available to you by Woolshed Creek
Cattle Company Australia in the user interface.
3 Registration to use the Purchase Services
(a)In order to access the Purchase Services, you must first register as a user of the Website.
(b)As part of the registration process, or as part of your continued use of the Purchase
Services, you may be required to provide personal information about yourself (such as
identification or contact details), including:
You warrant that any information you give to Woolshed Creek Cattle Company Australia in
the course of completing the registration process will always be accurate, correct and up to
date.
(c)Once you have completed the registration process, you will be a registered member of the
Website (Member) and agree to be bound by the Terms. As a Member you will be granted
immediate access to the Purchase Services.
(d)You may not use the Purchase Services and may not accept the Terms if:
(a)you are not of legal age to form a binding contract with Woolshed Creek Cattle
Company Australia; or
(b)you are a person barred from receiving the Purchase Services under the laws of
Australia or other countries including the country in which you are resident or from
which you use the Purchase Services.
4 Your obligations as a Member
(a)As a Member, you agree to comply with the following: You will use the Purchase Services
only for purposes that are permitted by:
(i)the Terms;
(ii)any applicable law, regulation or generally accepted practices or guidelines in the
relevant jurisdictions;
(iii)you have the sole responsibility for protecting the confidentiality of your password
and/or email address. Use of your password by any other person may result in the
immediate cancellation of the Purchase Services;
(iv)any use of your registration information by any other person, or third parties, is
strictly prohibited. You agree to immediately notify Woolshed Creek Cattle Company
Australia of any unauthorised use of your password or email address or any breach
of security of which you have become aware;
(v)access and use of the Website is limited, non-transferable and allows for the sole
use of the Website by you for the purposes of Woolshed Creek Cattle Company
Australia providing the Purchase Services;
(vi)you will not use the Purchase Services or Website for any illegal and/or
unauthorised use which includes collecting email addresses of Members by
electronic or other means for the purpose of sending unsolicited email or
unauthorised framing of or linking to the Website;
(vii)you agree that commercial advertisements, affiliate links, and other forms of
solicitation may be removed from the Website without notice and may result in
termination of the Purchase Services. Appropriate legal action will be taken by
Woolshed Creek Cattle Company Australia for any illegal or unauthorised use of the
Website; and
(viii)you acknowledge and agree that any automated use of the Website or its Purchase
Services is prohibited.
(ix)you will not attempt to reverse engineer, decompile, or disassemble any part of the
Website or Purchase Services, or attempt to derive the source code or underlying
ideas or algorithms of any part of the Website or Purchase Services;
5 Purchase of Products and Returns Policy
(a)In using the Purchase Services to purchase the Product through the Website, you will
agree to the payment of the purchase price listed on the Website for the Product
(Purchase Price).
(b)Payment of the Purchase Price may be made through Square (Payment Gateway
Provider). In using the Purchase Services, you warrant that you have familiarised yourself
with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy
and other relevant legal documentation provided by the Payment Gateway Providers.
(c)Following payment of the Purchase Price being confirmed by Woolshed Creek Cattle
Company Australia, you will be issued with a receipt to confirm that the payment has been
received and Woolshed Creek Cattle Company Australia may record your purchase details
for future use.
(d)Woolshed Creek Cattle Company Australia may, at their sole discretion, provide a refund
on the return of the Products within 60 days where the Product packaging is unopened and
remains in a saleable condition. You acknowledge and agree that you are liable for any
postage and shipping costs associated with any refund pursuant to this clause.
(e)All refund requests must be made in writing to within the specified day period. reserves the
right to refuse a refund if the Products have been used, damaged, or are not in their
original packaging with all accessories and documentation intact.
6 Warranty
(a)Woolshed Creek Cattle Company Australia's Products come with guarantees that cannot
be excluded under the Australian Consumer Law. You are entitled to a replacement or
refund for a major failure of the Product and compensation for any other reasonably
foreseeable loss or damage. You are also entitled to have the Products repaired or
replaced if the Products fail to be of acceptable quality and the failure does not amount to a
major failure (Warranty).
(b)You may make a claim under this clause (Warranty Claim) for material defects and
workmanship in the Products within 60 days from the date of purchase (Warranty Period).
(c)In order to make a Warranty Claim during the Warranty Period, you must provide proof of
purchase to Woolshed Creek Cattle Company Australia showing the date of purchase of
the Products, provide a description of the Products and the price paid for the Products by
sending written notice to Woolshed Creek Cattle Company Australia by email at
(d)Where the Warranty Claim is accepted then Woolshed Creek Cattle Company Australia
will, at its sole discretion, either repair or replace any defective Products or part thereof with
a new or remanufactured equivalent during the Warranty Period at no charge to you for
parts or labour. You acknowledge and agree that you will be solely liable for any postage or
shipping costs incurred in facilitating the Warranty Claim.
(e)The Warranty shall be the sole and exclusive warranty granted by Woolshed Creek Cattle
Company Australia and shall be the sole and exclusive remedy available to you in addition
to other rights and under a law in relation to the Products to which this warranty relates.
(f)All implied warranties including the warranties of merchantability and fitness for use are
limited to the Warranty Period.
(g)The Warranty does not apply to any appearance of the supplied Products nor to the
additional excluded items set forth below nor to any supplied Products where the exterior of
which has been damaged or defaced, which has been subjected to misuse, abnormal
service or handling, or which has been altered or modified in design or construction.
(h)You must provide with a reasonable opportunity to inspect the Products subject to a
Warranty Claim. If determines that the Products are not covered by the Warranty, you will
be responsible for all costs associated with the inspection and return of the Products.
7 Copyright and Intellectual Property
(a)The Website, the Purchase Services and all of the related products of Woolshed Creek
Cattle Company Australia are subject to copyright. The material on the Website is
protected by copyright under the laws of Australia and through international treaties. Unless
otherwise indicated, all rights (including copyright) in the site content and compilation of the
website (including text, graphics, logos, button icons, video images, audio clips and
software) (Content) are owned or controlled for these purposes, and are reserved by
Woolshed Creek Cattle Company Australia or its contributors.
(b)Woolshed Creek Cattle Company Australia retains all rights, title and interest in and to the
Website and all related content. Nothing you do on or in relation to the Website will transfer
to you:
(a)the business name, trading name, domain name, trade mark, industrial design,
patent, registered design or copyright of Woolshed Creek Cattle Company Australia;
or
(b)the right to use or exploit a business name, trading name, domain name, trade mark
or industrial design; or
(c)a system or process that is the subject of a patent, registered design or copyright
(or an adaptation or modification of such a system or process).
(c)You may not, without the prior written permission of Woolshed Creek Cattle Company
Australia and the permission of any other relevant rights owners: broadcast, republish, up-
load to a third party, transmit, post, distribute, show or play in public, adapt or change in
any way the Content or third party content for any purpose. This prohibition does not
extend to materials on the Website, which are freely available for re-use or are in the public
domain.
(d)You agree to promptly notify of any actual or suspected infringement of 's intellectual
property rights that comes to your attention. In the event of any unauthorized use of 's
intellectual property, reserves the right to seek all available legal and equitable remedies,
including injunctive relief.
8 Privacy
Woolshed Creek Cattle Company Australia takes your privacy seriously and any information
provided through your use of the Website and/or the Purchase Services are subject to Woolshed
Creek Cattle Company Australia's Privacy Policy, which is available on the Website.
9 General Disclaimer
(a)You acknowledge that Woolshed Creek Cattle Company Australia does not make any
terms, guarantees, warranties, representations or conditions whatsoever regarding the
Products other than provided for pursuant to these Terms.
(b)Woolshed Creek Cattle Company Australia will make every effort to ensure a Product is
accurately depicted on the Website, however, you acknowledge that sizes, colours and
packaging may differ from what is displayed on the Website.
(c)Nothing in these Terms limits or excludes any guarantees, warranties, representations or
conditions implied or imposed by law, including the Australian Consumer Law (or any
liability under them) which by law may not be limited or excluded.
(d)Subject to this clause, and to the extent permitted by law:
(i)all terms, guarantees, warranties, representations or conditions which are not
expressly stated in these Terms are excluded; and
(ii)Woolshed Creek Cattle Company Australia will not be liable for any special, indirect
or consequential loss or damage (unless such loss or damage is reasonably
foreseeable resulting from our failure to meet an applicable Consumer Guarantee),
loss of profit or opportunity, or damage to goodwill arising out of or in connection
with the Purchase Services or these Terms (including as a result of not being able
to use the Purchase Services or the late supply of the Purchase Services), whether
at common law, under contract, tort (including negligence), in equity, pursuant to
statute or otherwise.
(e)Use of the Website, the Purchase Services, and any of the products of Woolshed Creek
Cattle Company Australia , is at your own risk. Everything on the Website, the Purchase
Services, and the Products of Woolshed Creek Cattle Company Australia, are provided to
you on an "as is" and "as available" basis, without warranty or condition of any kind. None
of the affiliates, directors, officers, employees, agents, contributors, third party content
providers or licensors of Woolshed Creek Cattle Company Australia make any express or
implied representation or warranty about its Content or any products or Purchase Services
(including the products or Purchase Services of Woolshed Creek Cattle Company
Australia) referred to on the Website. This includes (but is not restricted to) loss or damage
you might suffer as a result of any of the following:
(i)failure of performance, error, omission, interruption, deletion, defect, failure to
correct defects, delay in operation or transmission, computer virus or other harmful
component, loss of data, communication line failure, unlawful third party conduct, or
theft, destruction, alteration or unauthorised access to records;
(ii)the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third party
material and advertisements on the Website);
(iii)costs incurred as a result of you using the Website, the Purchase Services or any of
the Products;
(iv)the Content or operation in respect to links which are provided for the User's
convenience;
(v)any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
(vi)any defamatory, threatening, offensive or unlawful conduct of third parties or
publication of any materials relating to or constituting such conduct.
10 Limitation of Liability
(a)Woolshed Creek Cattle Company Australia's total liability arising out of or in connection
with the Purchase Services or these Terms, however arising, including under contract, tort
(including negligence), in equity, under statute or otherwise, will not exceed the most recent
Purchase Price paid by you under these Terms or where you have not paid the Purchase
Price, then the total liability of Woolshed Creek Cattle Company Australia is the resupply of
information or Purchase Services to you.
(b)You expressly understand and agree that Woolshed Creek Cattle Company Australia, its
affiliates, employees, agents, contributors, third party content providers and licensors shall
not be liable to you for any direct, indirect, incidental, special consequential or exemplary
damages which may be incurred by you, however caused and under any theory of liability.
This shall include, but is not limited to, any loss of profit (whether incurred directly or
indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c)Woolshed Creek Cattle Company Australia is not responsible or liable in any manner for
any site content (including the Content and Third Party Content) posted on the Website or
in connection with the Purchase Services, whether posted or caused by users of the
website of Woolshed Creek Cattle Company Australia, by third parties or by any of the
Purchase Services offered by Woolshed Creek Cattle Company Australia.
(d)Notwithstanding any other provision of these Terms, shall not be liable for any indirect,
incidental, special, or consequential damages arising out of or in any way connected with
the use of the Website or the Purchase Services, including but not limited to damages for
loss of profits, use, data or other intangibles, even if has been advised of the possibility of
such damages.
11 Termination of Contract
(a)The Terms will continue to apply until terminated by either you or by Woolshed Creek
Cattle Company Australia as set out below.
(b)If you want to terminate the Terms, you may do so by:
(i)notifying Woolshed Creek Cattle Company Australia at any time; and
(ii)closing your accounts for all of the Purchase Services which you use, where
Woolshed Creek Cattle Company Australia has made this option available to you.
(c)Your notice should be sent, in writing, to Woolshed Creek Cattle Company Australia via the
'Contact Us' link on our homepage.
(d)Woolshed Creek Cattle Company Australia may at any time, terminate the Terms with you
if:
(i)you have breached any provision of the Terms or intend to breach any provision;
(ii)Woolshed Creek Cattle Company Australia is required to do so by law;
(iii)the partner with whom Woolshed Creek Cattle Company Australia offered the
Purchase Services to you has terminated its relationship with Woolshed Creek
Cattle Company Australia or ceased to offer the Purchase Services to you;
(iv)Woolshed Creek Cattle Company Australia is transitioning to no longer providing
the Purchase Services to Users in the country in which you are resident or from
which you use the service; or
(v)the provision of the Purchase Services to you by Woolshed Creek Cattle Company
Australia is, in the opinion of Woolshed Creek Cattle Company Australia, no longer
commercially viable.
(e)Subject to local applicable laws, Woolshed Creek Cattle Company Australia reserves the
right to discontinue or cancel your membership to the Website at any time and may
suspend or deny, in its sole discretion, your access to all or any portion of the Website or
the Purchase Services without notice if you breach any provision of the Terms or any
applicable law or if your conduct impacts Woolshed Creek Cattle Company Australia's
name or reputation or violates the rights of those of another party.
(f)When the Terms come to an end, all of the legal rights, obligations and liabilities that you
and Woolshed Creek Cattle Company Australia have benefited from, been subject to (or
which have accrued over time whilst the Terms have been in force) or which are expressed
to continue indefinitely, shall be unaffected by this cessation, and the provisions of this
clause shall continue to apply to such rights, obligations and liabilities indefinitely.
12 Indemnity
(a)You agree to indemnify Woolshed Creek Cattle Company Australia, its affiliates,
employees, agents, contributors, third party content providers and licensors from and
against:
(i)all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage
(including legal fees on a full indemnity basis) incurred, suffered or arising out of or
in connection with any Content you post through the Website;
(ii)any direct or indirect consequences of you accessing, using or transacting on the
Website or attempts to do so and any breach by you or your agents of these Terms;
and/or
(iii)any breach of the Terms.
13 Dispute Resolution
13.1 Compulsory
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses have
been complied with (except where urgent interlocutory relief is sought).
13.2 Notice
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give
written notice to the other party detailing the nature of the dispute, the desired outcome
and the action required to settle the Dispute.
13.3 Resolution
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties)
must:
(i)Within 28 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually
agree;
(ii)If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has
not been resolved, the Parties must either agree upon selection of a mediator or
request that an appropriate mediator be appointed by the President of the company
or his or her nominee;
(iii)The Parties are equally liable for the fees and reasonable expenses of a mediator
and the cost of the venue of the mediation and without limiting the foregoing
undertake to pay any amounts requested by the mediator as a pre-condition to the
mediation commencing. The Parties must each pay their own costs associated with
the mediation;
(iv)The mediation will be held in Melbourne, Australia.
13.4 Confidential
All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent possible,
must be treated as "without prejudice" negotiations for the purpose of applicable laws of
evidence.
13.5 Termination of Mediation
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has
not been resolved, either Party may ask the mediator to terminate the mediation and the
mediator must do so.
14 Venue and Jurisdiction
The Purchase Services offered by Woolshed Creek Cattle Company Australia are intended to be
used by residents of Australia. In the event of any dispute arising out of or in relation to the
Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of
Victoria, Australia.
15 Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding
or claim of whatever nature arising out of or in any way relating to the Terms and the rights
created hereby shall be governed, interpreted and construed by, under and pursuant to the laws
of Victoria Australia, without reference to conflict of law principles, notwithstanding mandatory
rules. The validity of this governing law clause is not contested. The Terms shall be binding to the
benefit of the parties hereto and their successors and assigns.
16 Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Return and Refund policy :
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