Terms of service

TERMS OF SERVICE – MERCHANDISE WEBSITE

 1. About the WesTrac Merchandise Website

Welcome to the WesTrac Merchandise website (the Website) which is hosted on Shopify Inc and operated by WesTrac Pty Ltd (ACN 009 342 572) (WesTrac). Throughout the Site, the terms “we”, “us” and “our” refer to WesTrac. These Terms of Service (the Terms) apply to the access and use of the Website, including the access to and use of the information, tools and services (collectively Content) offered on this Website and apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms carefully.
By accessing or using any part of the Website, this signifies that you have read, understood and agree to be bound by the Terms including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree with the Terms, you must cease usage of the Website immediately.
WesTrac reserves the right to review, update and replace any part of the Terms by updating this page at its sole discretion. 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. Your continued access and use of the Website following any changes to the Terms constitutes your acceptance of those changes.
Shopify Inc. provides us with the online e-commerce platform that allows WesTrac to sell our Goods to you.

2. Acceptance of the Terms

You accept the Terms by continuing to access or use the Website. If you do not accept these Terms, you must refrain from and cease using the Website.
A breach or violation of any of the Terms will result in an immediate termination of your access.

3. Your obligations

As a user of the Website (User), you agree to comply with the following:

you will take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. Except as required by law, WesTrac does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website;
you will not interfere with, disrupt, or create an undue burden on the Website;
you will not use the Website for any illegal and/or unauthorised use (including but not limited to copyright laws);
you will have sole responsibility for protecting the confidentiality of your registration and / or login information, and you must not permit any other person to use your registration and / or login information.

4. Copyright and Intellectual Property

The Content of the Website and all of the related products of WesTrac and Caterpillar Inc. (Goods) are subject to copyright. The material on the Website (including text, graphics, photographs and logos) is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by WesTrac or its contributors.
You must not, without the prior written permission of WesTrac and the permission of any other relevant rights owners: adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website or from any information obtained from this Website, including in association with any third party websites; or commercialise any Goods or Content obtained from any part of this Website.
You must not use any content from the Website in a manner that suggests that you are approved by or affiliated with WesTrac or Caterpillar Inc.
This Website includes trademarks owned by WesTrac (or its licensors). You must not use any of WesTrac’s or its licensors’ trademarks.

5. Privacy

WesTrac takes your privacy seriously and any information provided through your use of the Website is subject to WesTrac's Privacy Policy.
If you upload or otherwise provide any information or content (excluding credit card information) for the purpose of, or in the course of accessing or using the Website, you agree with the terms of WesTrac’s Privacy Policy.
When you view our advertisements on a third party website, the advertising company uses ‘Cookies’ and in some cases ‘web beacons’ to collect information such as the server your computer is logged on to, your browser type, the date and time of your visit and the performance of their marketing efforts. When you access our Website after viewing one of our advertisements on a third party website, the advertising company collects information on how you utilise our Website (e.g. which pages you view and whether you proceed to obtain Goods from us).
We use Cookies to provide you with better and more customised service and with a more effective website. A Cookie is a small text file placed on your computer by our web page server. A Cookie can later be retrieved by our webpage servers. Cookies are frequently used on websites and you can choose if and how a Cookie will be accepted by configuring your preferences and options in your internet browser. We use Cookies for different purposes such as to allocate a unique number to your internet browsers, to customise the Website for you, for statistical purposes, to identify if you have accessed a third party website and for security purposes. You are not obliged to accept a Cookie and you can modify your browser so that it will not accept Cookies. However, if you do so this may affect your browsing experience and certain functions within the Website may not work.
Your IP address is the identifier for your computer when you are using the internet. It may be necessary for us to collect your IP address for your interaction with various parts of our Website.
When you send a completed online form or provide information through our Website to us, we retain the information you have sent us. We are then able to use that information to provide any Goods that you require, for direct marketing, and for any other purpose disclosed in our Privacy Policy. You can also suspend and save the online form, so you can complete and send the form at a later time. If you suspend or save your form, the information that you have entered will be retained in our systems so that you may recover the information when you resume your form. Online forms that have been suspended or saved may be viewed by us.
The security of your information is very important to us. We regularly review developments in security and encryption technologies. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. We take reasonable steps to preserve the security of cookie and personal information in accordance with our Privacy Policy; however, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. If your browser is suitably configured, it will advise you whether the information you are sending us will be secure (encrypted) or not secure (unencrypted). Credit card information is always encrypted during transfer over networks.

6. External Websites

By agreeing to these Terms, you agree to the terms of any third party websites linked through this Website.
You agree that any Goods ordered by you via the Website or associated third party websites and supplied by WesTrac are subject to the Terms and Conditions for the Sale of Goods and Services by WesTrac (Purchase Terms) as amended from time to time, to the exclusion of any other terms and conditions.
WesTrac are not responsible for examining or evaluating the content or accuracy of third party websites. We do not warrant and will not have any liability or responsibility for any harm or damages relating to the purchase of Goods ordered by you via an associated third party website, except where the Goods and/or Services ordered are supplied by WesTrac and are subject to the Purchase Terms.
Complaints, claims, concerns, or questions regarding third party websites should be directed to the third party.

7. General Disclaimer

While WesTrac endeavours to take reasonable care in preparing and maintaining the Content on, or exchanged with you via this Website (including but not limited to the accurate display of colours and images of our Goods which appear on the Website, transit times and product availability), we do not warrant the accuracy, reliability, adequacy or completeness of the Content, nor that the Goods purchased will be fit for purpose. You acknowledge and accept that the Content may include errors, inaccuracies and omissions. The Content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.
WesTrac reserves the right to correct any errors, inaccuracies or omissions, and to review, update and replace any Content.
WesTrac are under no obligation to inform Users of any Content which is the subject of review, update or replacement at any time.
You should make your own enquiries before acting or relying on any information or material which is made available to you pursuant to the Website.
Nothing in the 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.
Subject to this clause, and to the extent permitted by law: all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and WesTrac 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 [not defined]), loss of profit or opportunity, or damage to goodwill arising out of or in connection with these Terms whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and Content is at your own risk. The Content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of WesTrac make any express or implied representation or warranty about the Content. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: 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; the accuracy, suitability or currency of any Content or any related products (including third party material and advertisements on the Website); costs incurred as a result of you using the Website, the Content or any of the Goods supplied by WesTrac; and operation in respect to links which are provided for your convenience.

8. Goods, Orders and Cancellations

All descriptions of Goods or the pricing of Goods are subject to change at any time without notice.
WesTrac reserves the right to modify or discontinue the Goods and to cancel orders if any Content is inaccurate at any time without prior notice (including after you have submitted your order).
WesTrac reserves the right to limit the sales of our Goods to any person, geographic region or jurisdiction and to limit the quantities of any Goods that we offer. We may exercise this right on a case-by-case basis.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

9. Prohibited uses
In addition to any other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content:

for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the internet;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

10. Governing Law
These Terms are governed by and will be construed in accordance with the laws of Western Australia without reference to conflict of laws principles. Both WesTrac and you irrevocably submit to the exclusive jurisdiction of the courts of that State.