Terms and Conditions
This website located at www.wesfreshonline.com.au (Website) is owned and operated by
Wesfresh Sydney Pty Ltd ABN: 52 642 083 770 (Wesfresh).
By using this Website and in consideration of Wesfresh providing you with access to the
Website, you confirm that these Terms and Conditions govern your access to and use of the
Website and you accept and agree to comply with them.
Wesfresh recommends that you print a copy of these Terms and Conditions for future reference.
Wesfresh reserves the right to amend these Terms and Conditions from time to time. Every
time you wish to use the Website, please check these Terms and Conditions to ensure you
understand the terms and conditions that apply at that time.
1. Orders
1.1 Wesfresh sets a minimum order value from time to time. The minimum order value
excludes the delivery fee. Wesfresh reserves the right not to accept an order which is
below the minimum order value at any time.
1.2 The goods in your order are charged at the purchase price published at the time you
place the order and which appear on the order confirmation. In the event that you
purchase a good that is priced per kilo, Wesfresh initially estimates the weight and total
price of the goods at the time that you place your order. When we process your order,
we weigh the actual goods and charge you the exact weight and total price of the
particular good. If there is an underpayment of the goods, you must pay the difference.
1.3 Wesfresh reserves the right to cancel your order in whole or in part. This may occur,
even if Wesfresh has received payment from you, in the event of:
(a) an error in the description of any of the goods in your order or the price;
(b) suspected fraudulent activity;
(c) your order being unable to be fulfilled due to unavailability of the products you
ordered from the Website; or
(d) your order is in breach of this Terms and Conditions or is contrary to any law.
1.4 In the event that Wesfresh must cancel your order due to our error or fault, Wesfresh
will provide you with a refund for your order.
1.5 Wesfresh reserves the right to amend any pricing errors displayed due to human error,
computer malfunction or other reason and may exercise its right to cancel the order at
any point prior to delivery of goods.
1.6 Wesfresh will notify you in the event of a price change to any order placed by you, and
you may elect not to purchase any product where the price has been corrected.
1.7 We aim to process your order as soon as it is received. Therefore unfortunately, you
cannot modify or cancel your order once it has been placed. Please carefully review and
confirm your order before checkout.
1.8 Customers can cancel or make changes to previously submitted orders until the order
cut-off time, without incurring any cancellation fees.
1.9 Any modification or the cancellation happened after cut-off time, the additional handling
or cancellation fee $10.00 will be charged. Please visit the Delivery Section of our
website www.wesfreshonline.com.au for the order cut-off and delivery times.
2. Delivery
2.1 Wesfresh requires full payment at the time of placing an order and will not deliver any
products without receiving cleared payment.
2.2 Wesfresh agrees to deliver the goods to you at the front entrance of the delivery
address provided by you. Should you request that Wesfresh deliver the goods beyond
the front door and Wesfresh agree that it is practical and safe to do so, you agree to
continually indemnify and hold harmless Wesfresh (including employees, contractors
and agents) from any loss suffered or incurred through the delivery of the goods beyond
the front door.
2.3 Wesfresh's obligations of delivery will be deemed completed and delivery effected when
risk in the goods passes to you by leaving the goods at the front door.
2.4 Wesfresh may, in its sole discretion, decide not to deliver goods at the delivery address
where it reasonably believes that the goods are likely to be stolen or damaged, or deem
the delivery address to be unsafe for any reason. In the event that Wesfresh determines
not to deliver the goods in accordance with this clause, Wesfresh will notify you to
arrange a different method of delivery (at your cost).
2.5 Wesfresh reserves the right to verify the identity of anyone placing or receiving
an order which may include (but is not limited to) requesting identification and
proof of purchase.
2.6 For standard home deliveries, anyone at the delivery address who receives the
goods shall be presumed by Wesfresh to be authorised to receive the goods. In
the event that there is no one at the delivery address or no one of appropriate age
to receive and sign for the order when the goods are delivered, the goods will not
be left at the delivery address (unless you agreed to accept an unattended
delivery). If the goods cannot be delivered and/or you do not wish to accept an
unattended delivery, Wesfresh will endeavor to contact you to re-organise
delivery and will charge an additional delivery fee in the sum of $10.00. A
cancellation fee of $10.00 may also apply in our sole discretion.
2.7 If you have advised us in your order that you wish to accept an unattended
delivery, receipt of goods by an authorised person at the delivery address is not
required and you indemnify Wesfresh for any loss or damage incurred by you
after Wesfresh delivers the goods in accordance with this clause 2.
2.8 Except where Wesfresh's liability may not be excluded under the Australian Consumer
Law, Wesfresh is not liable for any loss due its failure to deliver the goods (or any part
of them) promptly or at all, other than to refund any price paid by you where the goods
are not delivered at all.
2.9 Unless otherwise agreed, if you choose to cancel, change, or re-organise delivery, you
will be liable for any costs associated with doing so.
3. Returns Policy
3.1 Wesfresh will not provide a refund where you have simply changed your mind about
products purchased from Wesfresh in store or online.
3.2 In the event that the good(s) purchased from Wesfresh in store or online are found to be
faulty or damaged, Wesfresh will provide a full refund of the purchase price paid, or
exchange the good(s), in accordance with clause 3.3.
3.3 If you wish to make a refund or exchange claim, you must:
(a) return the goods to Wesfresh’s store with the proof of purchase within 48 hours
from the tax invoice date if you purchased it in store, or from the delivery date if
you purchased it online;
(b) provide the evidence of your claim and email accounting@wesfresh.com.au
to lodge your claim with your order number as a reference within 48 hours of
receipt of the good(s).
Any cost incurred by you in bringing the product to our store will be borne by you.
3.4 In the event that a product you have ordered is missing from your delivery and is listed
on the tax invoice, Wesfresh will provide the product at no cost to you or provide you
with a refund. Please contact Wesfresh by email at accounting@wesfresh.com.au or
via phone (02) 9852 8865.
3.5 Wesfresh will assess your claim and if Wesfresh is satisfied as to the validity of your
claim, Wesfresh will provide a refund for any missing or faulty goods within 3 business
days.
3.6 If the product you ordered is out of stock, you will not be charged for the product. Due to
demand trends, we may not be able to notify you promptly if the order product is out of
stock however, Wesfresh will endeavour to do so.
3.7 All refunds for online ordering will be processed back to the same card used for
payment within 3 business days from the delivery date. It may take up to 14 days to
appear in your account.
4. Intellectual Property
4.1 All material on the Website, including the text, code, information, graphics, illustrations,
photographs, video, music, sound, trading names, service marks, logos, design, layout,
downloads, pricing, products and services (Content) is owned by or licensed to
Wesfresh.
4.2 You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store
Content for any purpose, other than with the prior written consent of Wesfresh, or as
permitted by law. All rights of Wesfresh are reserved.
4.3 Trade marks used on the Website to describe third parties and their products are trade
marks of those third parties and you are not permitted to use them without the consent
of those third parties.
5. Acknowledgements, representations and warranties
5.1 You acknowledge and agree that:
(a) Using any information or material from this Website is at your sole risk and that
Wesfresh shall not be liable for that use. It remains your responsibility to ensure
that all goods, services and information used by you meet your specific
requirements.
(b) Wesfresh will not liable for any loss resulting from any action or decision made
by you in reliance on the information and materials on this Website, nor any
interruption, delay in operation or transmission, virus, communication failure,
Internet access difficulties, or malfunction in equipment or software.
(c) You are responsible for the safekeeping of your user name and password. You
will be liable if your account is misused by an unauthorised person and
Wesfresh excludes all liability for unauthorised access to your account that
arises as a result of your acts or omissions.
(d) Neither Wesfresh nor any third parties make any representation or warranty that
any information and materials on this Website will be reliable, accurate or
complete (nor do they accept any responsibility arising in any way for errors in,
or omissions from the information and materials). You acknowledge that such
information and materials may contain inaccuracies or errors. Wesfresh
expressly excludes any liability for any such inaccuracies or errors on the
Website.
(e) Any promotional offering including coupon codes and weekly specials are only
valid for use to online orders containing reasonable retail quantities and are not
valid for wholesale quantities and those for business purposes (as deemed by
Wesfresh).
(f) Any promotional offers are limited for use according to its terms and conditions
and cannot be used in conjunction with any other offers.
6. Your conduct
6.1 You must not:
(a) use the Website in breach of any applicable laws or regulations;
(b) use the Website for commercial purposes (including for competitive advantage
or to the competitive disadvantage of Wesfresh);
(c) use the Website to harm, abuse, harass, stalk, threaten or otherwise offend
others;
(d) interfere with, disrupt, or create an undue burden on the Website;
(e) upload, post, transmit or otherwise make available any material that:
(i) is not your original work, or which may infringe the intellectual property
or other rights of another person;
(ii) is, or could reasonably be expected to be, defamatory, obscene,
offensive, threatening, abusive, pornographic, vulgar, profane, indecent
or otherwise unlawful, including material that racially or religiously
vilifies, incites violence or hatred, or is likely to offend, insult or humiliate
others based on race, religion, ethnicity, gender, age, sexual orientation
or any physical or mental disability;
(iii) includes an image or personal information of another person unless you
have their consent;
(iv) you know or suspect, or should reasonably know or suspect, to be
false, misleading or deceptive;
(v) contains large amounts of untargeted, unwanted or repetitive content;
or
(vi) contains financial, legal, medical or other professional advice.
Without limiting the above, you will not and will not permit a third party to:
(f) misuse the Website by knowingly introducing viruses, trojans, worms, logic
bombs or other material that is malicious or technically harmful. You must not
attempt to gain unauthorised access to the Website, the server on which the
Website is stored or any server, computer or database connected to the
Website. You must not attack the Website via a denial-of-service attack or a
distributed denial-of service attack;
(g) use any method or process (including data scraping, web-bots, collection or
accumulation tool, robot, spider or scripted responses) for the purpose of
obtaining, processing, copying, replicating, distributing, reconfiguring,
republishing, viewing, assessing, analysing, modifying or repacking the Content;
(h) use, obtain, or attempt to obtain from the Website, information in order to
identify or discover pricing, underwriting, rating and related business
methodology or systems; and
(i) do anything which will or may damage, disrupt access to or interfere with the
proper operation of the Website.
If you believe that a user has breached any of the above conditions, please contact us
at accounting@wesfresh.com.au.
7. User-generated Content
7.1 By uploading, transmitting, posting or otherwise making any material available via the
Website, you grant Wesfresh, a non-exclusive, worldwide, royalty-free, perpetual
licence to use, store, reproduce, edit and exploit the material in any form and for any
purpose, and unconditionally waive all moral rights as defined by the Copyright Act
1968. Any material you upload to the Website will be considered non-confidential and
non-proprietary.
7.2 Wesfresh reserves the right to block or suspend any user of its Website, and to modify
or remove any material uploaded, posted, transmitted or otherwise made available on
the Website by any user, without notice. Wesfresh also has the right to disclose your
identity to any third party who is claiming that any material posted or uploaded by you
on the Website constitutes a violation of their intellectual property rights or of their right
to privacy.
7.3 Wesfresh is not responsible for, and accepts no liability with respect to any material
uploaded, posted, transmitted or otherwise made available on the Website by any
person other than Wesfresh. Wesfresh does not endorse any opinion, view, advice or
statement made by any person other than Wesfresh.
7.4 You agree to indemnify Wesfresh and each of the officers, employees, agents,
contractors, suppliers and licensors (collectively Affiliates) of Wesfresh in respect of
any liability, loss or damages (including all legal and other costs on a full indemnity
basis) suffered or incurred by them arising (in whole or part) out of or in connection with
the breach of or failure to comply with these Terms and Conditions, or any other default
or wrongful conduct in relation to the subject matter of these Terms and Conditions, on
the part of you or any of your Affiliates.
8. Links and Third Party Content
8.1 You must not link to, frame or mirror any part of the Website without Wesfresh’s written
authorisation.
8.2 The Website may contain links to or display the content of third parties (Third Party
Content), including links to websites operated by other organisations and individuals
(Third Party Websites). Third Party Content and Third Party Websites are not under
the control of Wesfresh. Wesfresh does not endorse, approve or make any warranty or
claim regarding Third Party Content, Third Party Websites or the products, services or
information available on any Third Party Website, or in respect of the owner or operator
of a Third Party Website or their conduct. If you use or rely upon Third Party Content or
Third Party Websites, you do so solely at your own risk
9. Disclaimer, Liability and Indemnity
9.1 Wesfresh does not guarantee that the Website will be secure or free from bugs or
viruses or function without interruption or errors. The Website is provided on an "as is"
and "as available" basis. You are responsible for configuring your information
technology, computer programmes and platform to access the Website. You should
use your own virus protection software. By accessing the Website, you assume all
risks associated with its use, including but not limited to the risk that your computer,
software or data may be damaged by any virus transmitted by the Website or by any
Third Party Content or Third Party Website.
9.2 To the extent permitted by law, Wesfresh and its Affiliates excludes all warranties,
conditions and representations (whether express or implied) that may apply to the
Website or any content on it. Wesfresh and its Affiliates will not be liable to you for any
loss or damage of any kind, whether in contract, tort (including negligence), even if
foreseeable, arising under or in connection with:
(a) your use of, or inability to use the Website; or
(b) your use of or reliance on any Content or material displayed on the Website,
including any direct, indirect, special, incidental, consequential or punitive damages,
which includes, but is not limited to, loss of revenue or profits or business or anticipated
savings, loss of use or goodwill or reputation, loss of data, even if such loss was
foreseeable.
9.3 Goods on the Website come with Consumer Guarantees that cannot be excluded under
the Australian Consumer Law (which can be found in Schedule 2 of the Competition
and Consumer Act 2010 (Cth) (the Australian Consumer Law)). You are entitled to a
replacement or refund for a major failure and compensation for any other reasonably
foreseeable loss or damage. You are also entitled to have the products replaced if they
fail to be of acceptable quality and the failure does not amount to a major failure.
9.4 To the extent permitted by law, the liability of Wesfresh in respect of any breach of or
failure to comply with any Consumer Guarantee is limited to the following:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
or
(d) the payment of the cost of having the goods repaired.
9.5 You agree to indemnify Wesfresh and each of the officers, employees, agents,
contractors, suppliers and licensors (collectively Affiliates) of Wesfresh in respect of any
liability, loss or damages (including all legal and other costs on a full indemnity basis)
suffered or incurred by them arising (in whole or part) out of or in connection with the
breach of or failure to comply with these Terms and Conditions, or any other default or
wrongful conduct in relation to the subject matter of these Terms and Conditions, on the
part of you or any of your Affiliates, including in connection with the storage and
handling of the goods.
10. Privacy Policy
Wesfresh’s Privacy Policy is incorporated by reference into these Terms and
Conditions. Wesfresh will only use your personal information as set out in its Privacy
Policy, which can be found on the Website.
11. Jurisdiction
These terms and conditions are governed by the laws of New South Wales, Australia.
12. Contact
If you have any queries regarding these Terms and Conditions, please contact
Wesfresh at accounting@wesfresh.com.au.
This website located at www.wesfreshonline.com.au (Website) is owned and operated by
Wesfresh Sydney Pty Ltd ABN: 52 642 083 770 (Wesfresh).
By using this Website and in consideration of Wesfresh providing you with access to the
Website, you confirm that these Terms and Conditions govern your access to and use of the
Website and you accept and agree to comply with them.
Wesfresh recommends that you print a copy of these Terms and Conditions for future reference.
Wesfresh reserves the right to amend these Terms and Conditions from time to time. Every
time you wish to use the Website, please check these Terms and Conditions to ensure you
understand the terms and conditions that apply at that time.
1. Orders
1.1 Wesfresh sets a minimum order value from time to time. The minimum order value
excludes the delivery fee. Wesfresh reserves the right not to accept an order which is
below the minimum order value at any time.
1.2 The goods in your order are charged at the purchase price published at the time you
place the order and which appear on the order confirmation. In the event that you
purchase a good that is priced per kilo, Wesfresh initially estimates the weight and total
price of the goods at the time that you place your order. When we process your order,
we weigh the actual goods and charge you the exact weight and total price of the
particular good. If there is an underpayment of the goods, you must pay the difference.
1.3 Wesfresh reserves the right to cancel your order in whole or in part. This may occur,
even if Wesfresh has received payment from you, in the event of:
(a) an error in the description of any of the goods in your order or the price;
(b) suspected fraudulent activity;
(c) your order being unable to be fulfilled due to unavailability of the products you
ordered from the Website; or
(d) your order is in breach of this Terms and Conditions or is contrary to any law.
1.4 In the event that Wesfresh must cancel your order due to our error or fault, Wesfresh
will provide you with a refund for your order.
1.5 Wesfresh reserves the right to amend any pricing errors displayed due to human error,
computer malfunction or other reason and may exercise its right to cancel the order at
any point prior to delivery of goods.
1.6 Wesfresh will notify you in the event of a price change to any order placed by you, and
you may elect not to purchase any product where the price has been corrected.
1.7 We aim to process your order as soon as it is received. Therefore unfortunately, you
cannot modify or cancel your order once it has been placed. Please carefully review and
confirm your order before checkout.
1.8 Customers can cancel or make changes to previously submitted orders until the order
cut-off time, without incurring any cancellation fees.
1.9 Any modification or the cancellation happened after cut-off time, the additional handling
or cancellation fee $10.00 will be charged. Please visit the Delivery Section of our
website www.wesfreshonline.com.au for the order cut-off and delivery times.
2. Delivery
2.1 Wesfresh requires full payment at the time of placing an order and will not deliver any
products without receiving cleared payment.
2.2 Wesfresh agrees to deliver the goods to you at the front entrance of the delivery
address provided by you. Should you request that Wesfresh deliver the goods beyond
the front door and Wesfresh agree that it is practical and safe to do so, you agree to
continually indemnify and hold harmless Wesfresh (including employees, contractors
and agents) from any loss suffered or incurred through the delivery of the goods beyond
the front door.
2.3 Wesfresh's obligations of delivery will be deemed completed and delivery effected when
risk in the goods passes to you by leaving the goods at the front door.
2.4 Wesfresh may, in its sole discretion, decide not to deliver goods at the delivery address
where it reasonably believes that the goods are likely to be stolen or damaged, or deem
the delivery address to be unsafe for any reason. In the event that Wesfresh determines
not to deliver the goods in accordance with this clause, Wesfresh will notify you to
arrange a different method of delivery (at your cost).
2.5 Wesfresh reserves the right to verify the identity of anyone placing or receiving
an order which may include (but is not limited to) requesting identification and
proof of purchase.
2.6 For standard home deliveries, anyone at the delivery address who receives the
goods shall be presumed by Wesfresh to be authorised to receive the goods. In
the event that there is no one at the delivery address or no one of appropriate age
to receive and sign for the order when the goods are delivered, the goods will not
be left at the delivery address (unless you agreed to accept an unattended
delivery). If the goods cannot be delivered and/or you do not wish to accept an
unattended delivery, Wesfresh will endeavor to contact you to re-organise
delivery and will charge an additional delivery fee in the sum of $10.00. A
cancellation fee of $10.00 may also apply in our sole discretion.
2.7 If you have advised us in your order that you wish to accept an unattended
delivery, receipt of goods by an authorised person at the delivery address is not
required and you indemnify Wesfresh for any loss or damage incurred by you
after Wesfresh delivers the goods in accordance with this clause 2.
2.8 Except where Wesfresh's liability may not be excluded under the Australian Consumer
Law, Wesfresh is not liable for any loss due its failure to deliver the goods (or any part
of them) promptly or at all, other than to refund any price paid by you where the goods
are not delivered at all.
2.9 Unless otherwise agreed, if you choose to cancel, change, or re-organise delivery, you
will be liable for any costs associated with doing so.
3. Returns Policy
3.1 Wesfresh will not provide a refund where you have simply changed your mind about
products purchased from Wesfresh in store or online.
3.2 In the event that the good(s) purchased from Wesfresh in store or online are found to be
faulty or damaged, Wesfresh will provide a full refund of the purchase price paid, or
exchange the good(s), in accordance with clause 3.3.
3.3 If you wish to make a refund or exchange claim, you must:
(a) return the goods to Wesfresh’s store with the proof of purchase within 48 hours
from the tax invoice date if you purchased it in store, or from the delivery date if
you purchased it online;
(b) provide the evidence of your claim and email accounting@wesfresh.com.au
to lodge your claim with your order number as a reference within 48 hours of
receipt of the good(s).
Any cost incurred by you in bringing the product to our store will be borne by you.
3.4 In the event that a product you have ordered is missing from your delivery and is listed
on the tax invoice, Wesfresh will provide the product at no cost to you or provide you
with a refund. Please contact Wesfresh by email at accounting@wesfresh.com.au or
via phone (02) 9852 8865.
3.5 Wesfresh will assess your claim and if Wesfresh is satisfied as to the validity of your
claim, Wesfresh will provide a refund for any missing or faulty goods within 3 business
days.
3.6 If the product you ordered is out of stock, you will not be charged for the product. Due to
demand trends, we may not be able to notify you promptly if the order product is out of
stock however, Wesfresh will endeavour to do so.
3.7 All refunds for online ordering will be processed back to the same card used for
payment within 3 business days from the delivery date. It may take up to 14 days to
appear in your account.
4. Intellectual Property
4.1 All material on the Website, including the text, code, information, graphics, illustrations,
photographs, video, music, sound, trading names, service marks, logos, design, layout,
downloads, pricing, products and services (Content) is owned by or licensed to
Wesfresh.
4.2 You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store
Content for any purpose, other than with the prior written consent of Wesfresh, or as
permitted by law. All rights of Wesfresh are reserved.
4.3 Trade marks used on the Website to describe third parties and their products are trade
marks of those third parties and you are not permitted to use them without the consent
of those third parties.
5. Acknowledgements, representations and warranties
5.1 You acknowledge and agree that:
(a) Using any information or material from this Website is at your sole risk and that
Wesfresh shall not be liable for that use. It remains your responsibility to ensure
that all goods, services and information used by you meet your specific
requirements.
(b) Wesfresh will not liable for any loss resulting from any action or decision made
by you in reliance on the information and materials on this Website, nor any
interruption, delay in operation or transmission, virus, communication failure,
Internet access difficulties, or malfunction in equipment or software.
(c) You are responsible for the safekeeping of your user name and password. You
will be liable if your account is misused by an unauthorised person and
Wesfresh excludes all liability for unauthorised access to your account that
arises as a result of your acts or omissions.
(d) Neither Wesfresh nor any third parties make any representation or warranty that
any information and materials on this Website will be reliable, accurate or
complete (nor do they accept any responsibility arising in any way for errors in,
or omissions from the information and materials). You acknowledge that such
information and materials may contain inaccuracies or errors. Wesfresh
expressly excludes any liability for any such inaccuracies or errors on the
Website.
(e) Any promotional offering including coupon codes and weekly specials are only
valid for use to online orders containing reasonable retail quantities and are not
valid for wholesale quantities and those for business purposes (as deemed by
Wesfresh).
(f) Any promotional offers are limited for use according to its terms and conditions
and cannot be used in conjunction with any other offers.
6. Your conduct
6.1 You must not:
(a) use the Website in breach of any applicable laws or regulations;
(b) use the Website for commercial purposes (including for competitive advantage
or to the competitive disadvantage of Wesfresh);
(c) use the Website to harm, abuse, harass, stalk, threaten or otherwise offend
others;
(d) interfere with, disrupt, or create an undue burden on the Website;
(e) upload, post, transmit or otherwise make available any material that:
(i) is not your original work, or which may infringe the intellectual property
or other rights of another person;
(ii) is, or could reasonably be expected to be, defamatory, obscene,
offensive, threatening, abusive, pornographic, vulgar, profane, indecent
or otherwise unlawful, including material that racially or religiously
vilifies, incites violence or hatred, or is likely to offend, insult or humiliate
others based on race, religion, ethnicity, gender, age, sexual orientation
or any physical or mental disability;
(iii) includes an image or personal information of another person unless you
have their consent;
(iv) you know or suspect, or should reasonably know or suspect, to be
false, misleading or deceptive;
(v) contains large amounts of untargeted, unwanted or repetitive content;
or
(vi) contains financial, legal, medical or other professional advice.
Without limiting the above, you will not and will not permit a third party to:
(f) misuse the Website by knowingly introducing viruses, trojans, worms, logic
bombs or other material that is malicious or technically harmful. You must not
attempt to gain unauthorised access to the Website, the server on which the
Website is stored or any server, computer or database connected to the
Website. You must not attack the Website via a denial-of-service attack or a
distributed denial-of service attack;
(g) use any method or process (including data scraping, web-bots, collection or
accumulation tool, robot, spider or scripted responses) for the purpose of
obtaining, processing, copying, replicating, distributing, reconfiguring,
republishing, viewing, assessing, analysing, modifying or repacking the Content;
(h) use, obtain, or attempt to obtain from the Website, information in order to
identify or discover pricing, underwriting, rating and related business
methodology or systems; and
(i) do anything which will or may damage, disrupt access to or interfere with the
proper operation of the Website.
If you believe that a user has breached any of the above conditions, please contact us
at accounting@wesfresh.com.au.
7. User-generated Content
7.1 By uploading, transmitting, posting or otherwise making any material available via the
Website, you grant Wesfresh, a non-exclusive, worldwide, royalty-free, perpetual
licence to use, store, reproduce, edit and exploit the material in any form and for any
purpose, and unconditionally waive all moral rights as defined by the Copyright Act
1968. Any material you upload to the Website will be considered non-confidential and
non-proprietary.
7.2 Wesfresh reserves the right to block or suspend any user of its Website, and to modify
or remove any material uploaded, posted, transmitted or otherwise made available on
the Website by any user, without notice. Wesfresh also has the right to disclose your
identity to any third party who is claiming that any material posted or uploaded by you
on the Website constitutes a violation of their intellectual property rights or of their right
to privacy.
7.3 Wesfresh is not responsible for, and accepts no liability with respect to any material
uploaded, posted, transmitted or otherwise made available on the Website by any
person other than Wesfresh. Wesfresh does not endorse any opinion, view, advice or
statement made by any person other than Wesfresh.
7.4 You agree to indemnify Wesfresh and each of the officers, employees, agents,
contractors, suppliers and licensors (collectively Affiliates) of Wesfresh in respect of
any liability, loss or damages (including all legal and other costs on a full indemnity
basis) suffered or incurred by them arising (in whole or part) out of or in connection with
the breach of or failure to comply with these Terms and Conditions, or any other default
or wrongful conduct in relation to the subject matter of these Terms and Conditions, on
the part of you or any of your Affiliates.
8. Links and Third Party Content
8.1 You must not link to, frame or mirror any part of the Website without Wesfresh’s written
authorisation.
8.2 The Website may contain links to or display the content of third parties (Third Party
Content), including links to websites operated by other organisations and individuals
(Third Party Websites). Third Party Content and Third Party Websites are not under
the control of Wesfresh. Wesfresh does not endorse, approve or make any warranty or
claim regarding Third Party Content, Third Party Websites or the products, services or
information available on any Third Party Website, or in respect of the owner or operator
of a Third Party Website or their conduct. If you use or rely upon Third Party Content or
Third Party Websites, you do so solely at your own risk
9. Disclaimer, Liability and Indemnity
9.1 Wesfresh does not guarantee that the Website will be secure or free from bugs or
viruses or function without interruption or errors. The Website is provided on an "as is"
and "as available" basis. You are responsible for configuring your information
technology, computer programmes and platform to access the Website. You should
use your own virus protection software. By accessing the Website, you assume all
risks associated with its use, including but not limited to the risk that your computer,
software or data may be damaged by any virus transmitted by the Website or by any
Third Party Content or Third Party Website.
9.2 To the extent permitted by law, Wesfresh and its Affiliates excludes all warranties,
conditions and representations (whether express or implied) that may apply to the
Website or any content on it. Wesfresh and its Affiliates will not be liable to you for any
loss or damage of any kind, whether in contract, tort (including negligence), even if
foreseeable, arising under or in connection with:
(a) your use of, or inability to use the Website; or
(b) your use of or reliance on any Content or material displayed on the Website,
including any direct, indirect, special, incidental, consequential or punitive damages,
which includes, but is not limited to, loss of revenue or profits or business or anticipated
savings, loss of use or goodwill or reputation, loss of data, even if such loss was
foreseeable.
9.3 Goods on the Website come with Consumer Guarantees that cannot be excluded under
the Australian Consumer Law (which can be found in Schedule 2 of the Competition
and Consumer Act 2010 (Cth) (the Australian Consumer Law)). You are entitled to a
replacement or refund for a major failure and compensation for any other reasonably
foreseeable loss or damage. You are also entitled to have the products replaced if they
fail to be of acceptable quality and the failure does not amount to a major failure.
9.4 To the extent permitted by law, the liability of Wesfresh in respect of any breach of or
failure to comply with any Consumer Guarantee is limited to the following:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
or
(d) the payment of the cost of having the goods repaired.
9.5 You agree to indemnify Wesfresh and each of the officers, employees, agents,
contractors, suppliers and licensors (collectively Affiliates) of Wesfresh in respect of any
liability, loss or damages (including all legal and other costs on a full indemnity basis)
suffered or incurred by them arising (in whole or part) out of or in connection with the
breach of or failure to comply with these Terms and Conditions, or any other default or
wrongful conduct in relation to the subject matter of these Terms and Conditions, on the
part of you or any of your Affiliates, including in connection with the storage and
handling of the goods.
10. Privacy Policy
Wesfresh’s Privacy Policy is incorporated by reference into these Terms and
Conditions. Wesfresh will only use your personal information as set out in its Privacy
Policy, which can be found on the Website.
11. Jurisdiction
These terms and conditions are governed by the laws of New South Wales, Australia.
12. Contact
If you have any queries regarding these Terms and Conditions, please contact
Wesfresh at accounting@wesfresh.com.au.