Terms & Conditions
AGREEMENT BETWEEN USER AND WAREHOUSE EXCHANGE PTY LTD
The Warehouse Exchange Web Site under the domain name "www.w-e.com.au" is comprised of various Web sites and Web pages operated by Warehouse Exchange Pty Ltd ACN 139 210 441 , ( the "Web Site"). The Web Site allows registered users to:
1. List Warehouse space that they own or control and make it available to businesses for rental;
2. Offer various logistical and related services;
3. Access the Website to search for available warehouse space and related logistical services.
Additional services, goods and functionality may be offered on the Web Site from time to time. Special terms may apply to those additional services, goods or functions.
NO MODIFICATIONS AND OTHER RESTRICTIONS
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Web Site.
You will be required to complete an Application Form prior to gaining access to the Web Site. You acknowledge that it is your responsibility to ensure that any information that you provide to Warehouse Exchange in the Application Form is accurate and up to date. In particular, you are responsible for and must ensure that the email address you provide Warehouse Exchange is accurate.
If you need to amend any details that you have provided to Warehouse Exchange, you can access the "Account Settings" section on the Web Site and update or amend as necessary.
USER NAME AND PASSWORD
You agree that:
You will not send or disclose to any other person or allow any other person to use your user name or password;
Your user name and password are personal to you and are not transferable;
You will not keep your user name or password in any form, whether encoded or unencoded, in a location where it is capable of being copied or used by any person other than you; and
You are solely responsible for any loss caused by use of your user name or password by you or any other person, including any use not approved or contemplated by you.
Warehouse Exchange reserves the right to take civil and/or criminal action against persons who distribute or make available their account password to any other person.
LINKS TO THIRD PARTY SITES
The Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of Warehouse Exchange and Warehouse Exchange is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. Warehouse Exchange is not responsible for webcasting or any other form of transmission received from any Linked Site. Warehouse Exchange is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement or approval by Warehouse Exchange of the Linked Site or any association with its operators.
Subject to any applicable laws that cannot be excluded, Warehouse Exchange makes no representations or warranties:
Regarding the quality, accuracy, merchantability or fitness for purpose of Linked Sites or the contents, products or services available through Linked Sites;
That the contents of a Linked Site does not infringe the intellectual property rights of any person; or
That by linking the Web Site to the Linked Site, Warehouse Exchange is authorising the reproduction of any material on those Linked Sites.
All content, information, offers to sell and statements relating to goods and services available on a Linked Site are the responsibility of the operators of the Linked Site. If such content, information, offers and statements are made on the Web Site, such offers and statements are made by Warehouse Exchange on behalf of the operators of the relevant Linked Site. Warehouse Exchange expressly disclaims acting in any other respect on behalf of Linked Site operators.
NO UNLAWFUL OR PROHIBITED USE
USE OF COMMUNICATION SERVICES
The Web Site may contain chat areas, news groups, forums, communities, personal web pages, links to webcam broadcasts and/or other message or communication facilities designed to enable you to communicate with other members or with a group of members (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are not adequate and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any fraudulent, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents or licences;
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
Advertise, promote or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Restrict or inhibit any other user from using and enjoying the Communication Services;
Violate any code of conduct or other guidelines which may be applicable to any particular Communication Service;
Use, publish, post, harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
Violate any applicable laws or regulations or encourage conduct that would constitute a criminal offence.
Warehouse Exchange has no obligation to monitor the Communication Services. However, Warehouse Exchange reserves the right to review materials posted on a Communication Service and to edit, modify or remove any materials in its sole discretion. Warehouse Exchange reserves the right to suspend or terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Warehouse Exchange reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
You acknowledge that each Communication Service is a public service. Always use caution when giving out any personally identifying information about yourself or your children on any Communication Service.
Warehouse Exchange does not control, approve or endorse the content, messages or information found in any Communication Service and, therefore, Warehouse Exchange specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Moderators and operators are not authorized Warehouse Exchange agents or spokespersons and their views do not necessarily reflect those of Warehouse Exchange.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO WAREHOUSE EXCHANGE OR POSTED ON THE WEB SITE
Warehouse Exchange does not claim ownership of the materials you provide to (including feedback and suggestions) or post, upload, input or submit to any Web Site or its associated services (collectively "Submissions"). However, by posting, publicly broadcasting, uploading, inputting, providing or submitting your Submission you are granting Warehouse Exchange, its affiliates, related bodies corporate and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to sublicence, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your member name in connection with your Submission.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
SOFTWARE AVAILABLE ON THE WEB SITE
Unless otherwise indicated, software that is made available to you to download from the Web Site are third party products ("Third Party Software"). Your use of the Third Party Software may be governed by the terms of an end user license agreement that accompanies or is included with the software ("Third Party Licence Agreement"). You may not install or use any Third Party Software that is accompanied by or includes a Licence Agreement unless you first agree to the Licence Agreement terms.
To the extent permitted by law, Warehouse Exchange accepts no liability in respect of the Third Party Software and gives no endorsement and does not provide technical support in relation to the Third Party Software.
Third Party Software and Warehouse Exchange Software is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Third Party Software and the Warehouse Exchange Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE THIRD PARTY SOFTWARE OR WAREHOUSE
EXCHANGE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
USER FEES AND CHARGES
THE Web Site allows those searching for warehouse space free access to listings.
Those listing warehouse space and/or wanted advertisements on the Web Site or accessing other logistical and related services will be required to pay the fees and changes set out in the Fee and Charges Schedule available upon request.
Your right to use the Web Site may not be transferred to any other person
Warehouse Exchange does not provide refunds unless extraordinary circumstances apply. Warehouse Exchange may in its sole discretion, however, grant credits in the form of free time and provide discounts if a user experiences technical difficulties that the user is able to demonstrate that he or she has used best efforts to resolve. If you believe you have a legitimate right to a refund, you must contact Warehouse Exchange explaining your specific situation.
Warehouse Exchange reserves the right to suspend or terminate the user’s right to use the Web Site at its sole discretion, whether due to misconduct or otherwise. If such termination occurs, the fees paid by The User will be forfeited. Warehouse Exchange is not responsible for any continuing payments made by a user once their account is terminated.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THE WEBSITE. WAREHOUSE EXCHANGE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR ANY PURPOSE, INCLUDING WITHOUT LIMITATIONS, PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
WAREHOUSE EXCHANGE ITS AFFILIATES OR RELATED BODIES CORPORATE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SUBJECT TO ANY RESPONSIBILITIES IMPLIED BY LAW AND WHICH CANNOT BE EXCLUDED, WAREHOUSE EXCHANGE ITS AFFILIATES OR RELATED BODIES CORPORATE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS.
SUBJECT TO ANY RESPONSIBILITIES IMPLIED BY LAW AND WHICH CANNOT BE EXCLUDED, WAREHOUSE EXCHANGE, ITS AFFILIATES OR RELATED BODIES CORPORATE AND/OR ITS SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WAREHOUSE EXCHANGE ITS AFFILIATES OR RELATED BODIES CORPORATE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Liability of Warehouse Exchange its affiliates or related bodies corporate for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at Warehouse Exchange's option to:
the supply of the goods or services again;
the repair of the goods; or
the payment of the cost of having the goods or services supplied again or repaired.
Warehouse Exchange reserves the right, in its sole discretion, to suspend or terminate your access to any or all of the Web Site and the related services or any portion thereof at any time, without notice.
Personal information about visitors to our site is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.
Use of Information
Collecting information on Registered members
As part of registering with us, we collect personal information about you in order for you to take full advantage of our services. To do this it may be necessary for you to provide additional information to us as detailed below.
Registration is completely optional. Registration may include submitting your name, email address, address, telephone numbers, option on receiving updates and promotional material and other information. You may access this information at any time by logging in and going to your account.
Credit Card Details
Credit Card details are only stored for the processing of payment and will be deleted once payment is processed.
Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.
We may engage third parties to provide you with goods or services on our behalf. In that circumstance, we may disclose your personal information to those third parties in order to meet your request for goods or services.
We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.
In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.
Collecting Information from Users
Our web servers gather your IP address to assist with the diagnosis of problems or support issues with our services. Again, information is gathered in aggregate only and cannot be traced to an individual user.
Cookies and Applets
This aggregate, non-personal information is collated and provided to us to assist in analysing the usage of the site.
Access to Information
We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.
In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.
Links to other sites
We provide links to Web sites outside of our web sites, as well as to third party Web sites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that Web site and its privacy statement.
Problems or questions
For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner's web site; http://www.privacy.gov.au/
You agree that no joint venture, partnership, employment or agency relationship exists between you and Warehouse Exchange as a result of this agreement or use of the Web Site.
Warehouse Exchange's performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement is in derogation of Warehouse Exchange's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by Warehouse Exchange with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
COPYRIGHT AND TRADEMARK NOTICES
Copyright in the contents of the Web Site is owned or licensed by Warehouse Exchange, (Suite 24, 2 Enterprise Drive, Bundoora, Victoria 3083) Australia. Except where necessary for viewing and using the contents of the Web Site on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no content may be reproduced, adapted, performed in public or transmitted in any form by any process without the specific written consent of the copyright owner.
The names of the companies and products mentioned on the Web Site may be the trade marks of their respective owners. "Warehouse Exchange" is the trade mark of Warehouse Exchange.
Any rights not expressly granted herein are reserved.