1 WridgWays Terms and Conditions of Use
1.1 This website is owned, operated and maintained by WridgWays
1.3 These Terms and Conditions may be modified by WridgWays from time to time and you should review them each time you visit the Site. Any modifications are effective immediately upon posting to the Site.
1.4 Your continued use of the Site and our services constitutes your agreement to these Terms and Conditions and any modifications to them. If you do not agree to these Terms and Conditions, you should refrain from using the Site in any manner.
2 Use and Eligibility
2.1 The Site is only intended for individuals who can form legally binding contracts. By using the Site you are representing and warranting that you are over 18 years of age and able to enter into contracts. In the event that you are a company or other legal person, you must be able to form legally binding contracts at law. Do not use the Site if you do not qualify.
2.2 You must not use the Site to:
(a) impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
(b) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
(c) attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;
(d) commit forgery (or attempted forgery);
(e) harass any individual or use the Site to breach the Australian Privacy Principles as set out by the Privacy Act 1988 (Cth);
(f) collect or store data about other users or merchants, including e-mail addresses; and
(g) violate any applicable state, Commonwealth or international law, convention or regulation.
3.1 Wridgways reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that WRIDGWAYS believes, in its sole discretion:
3.1.1 violates any term or provision of these Terms and Conditions;
3.1.2 violates the rights of WridgWays or third parties; or
3.1.3 is otherwise inappropriate for continued access and use of the Site.
3.2 You acknowledge that WridgWays has no obligation to monitor your access to or use of the Site, but has the right to do so for the purpose of operating the Site, or to ensure compliance with these Terms and Conditions, or to comply with any law or order of a court..
4 Intellectual Property Rights/ Limited Licence to use Content
4.1 The information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, databases and control features of the Site (Content) is protected by copyright, trade mark and other intellectual property laws. Without limiting the foregoing, WRIDGWAYS is the owner or the licensee of all intellectual property rights in the Site (including, without limitation, the Content).
4.2 Subject to these Terms and Conditions, WRIDGWAYS grants you a non-exclusive, non-transferable licence to use the Content for the purpose of accessing and using the Site.
4.3 You must not modify, copy, reproduce, republish, upload, communicate or distribute in any way the Content, except in accordance with these Terms and Conditions or as permitted by Part 3 – Division 4A of the Copyright Act 1968 (Cth).
4.4 The WRIDGWAYS logo, name and trade mark are strictly the property of WRIDGWAYS, and may not be used as part of your business, in connection with any goods and services, or otherwise without the prior written consent of WRIDGWAYS.
5 Disclaimer of Warranties and Limitation of Liability
5.1 Subject only to clause 8.2 below:
5.1.1 this Site and the services contained therein are provided by WRIDGWAYS on an “as is” basis without any express or implied warranty of any kind;
5.1.2 the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties;
5.1.3 WRIDGWAYS does not warrant that access to or use of this Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components;
5.1.4 WRIDGWAYS does not warrant anything about the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or particular purpose of any material, products or services on or accessible through the Site; the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site or WRIDGWAYS;
5.1.5 WRIDGWAYS may change any of the material on the Site or the Content at any time without notice;
5.1.6 any of the material on the Site may be out of date at any given time and WRIDGWAYS makes no commitment to update any material on the Site;
5.1.7 you are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through the Site or the Content;
5.1.8 you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the material on or accessible through the Site or the Content; and
5.1.9 in no event shall WRIDGWAYS be liable for any loss or damage (including, without limitation, direct, special, indirect, incidental or consequential losses, loss of revenue or profits, loss of goodwill or reputation, loss or interruption of business and loss of data and punitive or exemplary damages of any kind (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of or in connection with:
(a) access to, or use of this Site, or delay or inability to use this Site, or any information contained in this Site;
(b) your use of the Content;
(c) the availability and utility of products and services; or
(d) the availability, reliability or accuracy of third party websites or third party products or services.
5.2 Where the laws of any country or state in which these Terms and Conditions are effective implies into these Terms and Conditions or imposes any term, condition, warranty or guarantee, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition, warranty or guarantee shall be deemed to be included in these Terms and Conditions. The liability of WRIDGWAYS, its officers, directors, employees, agents and related bodies corporate shall be limited, at the option of WRIDGWAYS, to:
8.2.1 in the case of services, the supply of the services again, or the payment of having the services resupplied; and
8.2.2 in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods.
Notwithstanding the above, you recognise that your contract for the supply of the product or service (the subject of any transaction completed as a result of using the Site) shall be solely and completely between you and the relevant third party (and not WRIDGWAYS), even if you have purchased the product or service by calling WRIDGWAYS or by WRIDGWAYS calling you or by calling RC or by RC calling you or by calling a third party outsourced call centre we have contracted for services or by a third party outsourced call centre we have contracted calling you and not the third party merchant.
8.3 Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.
8.4 Without limitation to the foregoing, you agree that in no event shall WRIDGWAYS’s maximum aggregate liability exceed one thousand dollars (AUD$1,000.00) or the total amount of money paid by you to the relevant third party vendor as a result of your use of the Site (whichever is the lower).
9.1 These Terms and Conditions may not be dealt with in any way by you (whether by assignment or otherwise) without WRIDGWAYS’s prior written consent. You agree that WRIDGWAYS may automatically assign these Terms and Conditions to a third party.
10 Governing law
10.1 These Terms and Conditions are governed by and construed according to the law of the State of Victoria, Australia. By using the Site you submit to the non-exclusive jurisdiction of the courts of that State and agree that any legal action will only be commenced in these forums.
11 Entire Agreement
11.1 These Terms and Conditions and the documents referred to in them (including, where applicable the Merchant Terms and Conditions) constitute the entire agreement between you and WRIDGWAYS with respect to this Site, and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.
12.1 WRIDGWAYS shall not be liable by reason of the failure in the performance of obligations under these Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of WRIDGWAYS, including any form of technological or internet failure or the actions of third parties.
13.2 If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
13.3 The failure by WRIDGWAYS to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of WRIDGWAYS in respect of any existing or subsequent breach of these Terms and Conditions.
13.4 We may monitor and record calls in certain circumstances that you make to us, our affiliates, contractors, agents or third parties or we make to you via our company, affiliates, agents, contractors or third party companies. For example, calls to our in-house, out sourced contact centre or calls made by our in-house, or out sourced contact centre following an enquiry by you are monitored and recorded for training and customer service purposes and to meet our regulatory obligations.
Thank you for your cooperation. We hope you find WridgWays helpful for serving you with your future moving needs.
You can contact us on 1800 225 916 or visit https://www.wridgways.com.au/contact/find-your-local-branch/
PO Box 4055, Dandenong South Vic 3164