TERMS AND CONDITIONS
Welcome to the Western Trailers and Equipment (“WTE”) Website: wtae.com.au
These Terms and conditions (“Terms”) come into effect upon You, the User, using the services offered by this Website.
Please carefully read all of these Terms of this Website. This is the basis upon which McCoullough G & D T/As Western Trailers and Equipment (ABN 85 201 581 968) (“WTE”) agrees to provide You with access to and the right to use the services of this Website. By using this Website, You agree to the following Terms, including Your agreement to pay the fees as set out in the respective Selling Fee page shown on the Website.
Terms of Use
In these Terms, “We” “Us” and “Our” refers to Western Trailers and Equipment. “You” “Your” refers to You, the User (“User”). This Website is owned and operated by Western Trailers and Equipment under the domain name wtae.com.au. Any reference to the “Website” refers to this Website. We reserve the right to amend these Terms at any time and Your use of the Website following any amendments will represent Your agreement to be bound by these amended Terms. We therefore recommend that each time You access Our Website You read these Terms. Your use of the services, information, text, graphics, materials, and other content on the Website is governed by these Terms.
Your use of this Website indicates Your agreement to be bound by the Terms.
Conditions of Use
Sellers
By providing information to enable the posting of Your item/s on the Website, You warrant that You have the right to and title in the item/s You wish to advertise and that You have the right to present and promote the item/s. You also warrant that the information You provide to Us is accurate, and that You are not breaching any regulations, restrictions or third party rights.
You agree to indemnify and keep indemnified WTE including its officers, members and agents from any claims, charges, actions, liabilities, investigations, demands and similar, including but not limited to any costs, losses, damages whether direct or indirect, consequential or special and all legal fees resulting from any breach of Our Terms, the information You provide to Our Website, and any activity You may engage in through Our Website or use of Our Website.
WTE reserves the right to deny the use of Our Website at Our sole discretion by any seller.
Sale of equipment
WTE requires the sellers of equipment to provide as much information as is necessary to the purchaser of such equipment to allow that equipment to be used safely and to ensure that it does not create health risks to anyone exposed to such equipment. Accordingly, WTE requires the sellers of equipment to provide all of the following information to the relevant buyer.
- the manufacturer’s operating manual;
- all maintenance and service records (if applicable);
- all relevant details about known hazards; and
- any and all other information relevant to the safe use of such equipment.
If You choose to sell Your equipment through the Website, You acknowledge and agree that You are solely responsible for providing all of the above information and for ensuring that the equipment (and all parts of it) is in good operating condition, unless You are selling Your equipment as scrap material or as spare parts only.
Buyers
By engaging with Our Website You acknowledge that Our Sellers are third party advertisers and WTE does not have any connection with them. WTE do not endorse, promote, or recommend the Sellers, nor do the Sellers have any affiliation with WTE. We are merely a conduit for providing a space for the Seller to sell and the Buyer to buy and We do not have any other association beyond this.
WTE makes no representation as to the accuracy or suitability of any of the information contained in the advertisements place on the Website and does not accept any responsibility or liability for the conduct or content of those advertisements and the item/s made by the Sellers. WTE takes all reasonable care to monitor the Website, however, We do not undertake any liability or obligations, except those outlined in these Terms, with regard to the content from the Sellers and You therefore agree to Use the information provided on the Website at Your own risk.
WTE is not responsible for any loss, damage or issues You may have with the Seller and cannot be held responsible for any direct or indirect loss You may suffer as a result of Your engagement with the Seller
Western Trailers & Equipment’s Obligations
WTE’s role is only that of facilitation and has no obligation in any form, to You or to any person/entity placing an offer or registering an interest in any offer on the Website. We provide an information platform only.
Limitation of Liability
To the full extent permitted by law, except as expressly provided in these Terms, WTE does not give any warranties in respect of the Website or products sold/purchased and excludes all liability of any kind, however arising, for any loss incurred by You, for any defects and any errors, inaccuracies or omissions in the Website or any information communicated by WTE by means of the Website or otherwise. If WTE considers that information on the Website is unreliable or inaccurate, WTE may, as its only obligation in that regard and at its sole discretion Use reasonable efforts:
- to inform You if You have made a purchase of the error, inaccuracy or omission;
- to endeavour to make an appropriate correction;
- to remove any content, including but not limited to links to other Websites, without giving any explanation or justification; or
- to suspend the operation of all or any part of the Website.
In no event will WTE be liable to You nor to any third party for any loss or damage of any kind arising from Your use of the Website. Your reliance on any information found on the Website or any technical failures, delays in operation or transmission or malfunctions in equipment or software.
Important note: In the event that the supply of services under or incidental to these Terms constitutes a supply of services to a consumer as defined in Schedule 2 to the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation (“the Australian Consumer Law”) nothing contained in these Terms excludes, restricts or modifies any condition, warranty or other obligation in relation to these Terms to be supplied hereunder where to do so is unlawful. To the full extent permitted by law, WTE’s sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which You may sustain or incur, shall be limited to:
In relation to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again, in each case as WTE may elect.
Fees
WTE will only charge the Seller of a transaction. The fees and charges (“Fees”) a Seller will pay WTE are listed on the WTE Selling Fees page. All sales made through the Website are made in Australian Dollars (AUD) and are exclusive of GST. The Fees are subject to change.
You agree to pay all Fees associated with the Website and WTE services in a timely manner with a valid payment method. If Your payment method fails or Your account is past due, We may collect fees owed using other collection mechanisms. (This includes but is not limited to charging other payment methods on file with Us; or retaining collection agencies and legal counsel.)
Pricing on the Advertisements
All prices provided and set on the Website are the responsibility of the third-party advertisers publishing the item. WTE provides a platform only for the seller and buyer and will not be responsible or drawn into any negotiations or disputes because of the listing. WTE does not guarantee the accuracy of pricing information on the Website. Please note that no preferential treatment will be given to companies over others.
Use of the Website
Material contained on the Website is supplied solely for reference purposes. You agree that You will not: disrupt or interfere with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or Linked Websites; disrupt or interfere with any other User's enjoyment of this Website or Linked Websites; take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website; use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through it; use any robot, spider, metatags, other automatic device or manual process to monitor or data mine, alter, modify, any Web pages on the Website, or any of the content contained within. The services and material made available on the Website is provided as general information only. The material is not professional, expert nor other advice and is not to be used as a substitute for such advice. Any statements made on the Website may not be appropriate, correct or sufficient for Your circumstances; should not be relied on as the only reason You do or don't do anything; and may not be continually accessible or free from errors or viruses.
Our Rights
WTE reserves the right to suspend or terminate Your engagement with Our Website without notice if We suspect that You have engaged in fraudulent activity in connection with Our Website. We may withdraw or alter any material You provide Us (including any content You submit as a seller) if:
(a) We reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way in breach of the Terms (including any rules, guidelines or policies), any law or third-party rights; or
(b) We are instructed to do so by any third party, including any appropriate regulatory body.
While it will not be Our practice to manage or change the content of any contributions, We reserve the right to edit or remove any information deemed to be inappropriate, offensive, misleading, or deceptive or defamatory. We do not need to provide You with any reason for doing so.
Warranties
Whilst reasonable steps have been undertaken to ensure that information is free from error, WTE does not warrant the accuracy, adequacy, or completeness of material on the Website. You are responsible for assessing the accuracy of all material presented on the Website and rely on such material at Your own risk. All information is subject to change without notice. We do not warrant or represent that Our services and/or Your access to the Website will be continuous, uninterrupted, timely, fault free, virus free or secure, due to numerous factors outside Our control (such as malfunction in equipment or software, difficulties accessing the Internet, or delay or failure of transmission. The Website may also contain hyperlinks to other external Websites, which are owned or operated by third parties independent of WTE. We do not sponsor, endorse, or approve of the operators of these sites, or the material they display. We make no warranties with respect to these sites. We do not manage, nor take responsibility for the content, of any hyperlinked sites or pages and the information supplied may not be accurate. If You link to any third-party site, You do so entirely at Your own risk.
Indemnity
You indemnify WTE in respect of any liability incurred by Us for any loss or damage, howsoever caused, suffered by WTE because of Your breach of these Terms, or Your Use of the Website.
Delivery Policy
Sellers and Buyers of item/s advertised through Our Website must make their own arrangements in relation to sale and purchase, payment, and delivery of the goods. Users of Our Website acknowledge that WTE has no role in this regard.
Security Policy
This site supports secured socket Layer (SSL) based transactions from a browser to the level of 128 bit or greater.
Refund Policy
WTE provides this Website as a service to Sellers to advertise their goods for sale. Once WTE contracts with a Seller to display their advertisements, WTE will Use its best endeavours to display the advertisement on and from the date agreed in the Agreement, and for the timeframe agreed upon.
The Seller may at any time instruct WTE in writing to withdraw the advertisement. If this occurs WTE will Use its best endeavours to remove the advertisement from the Website in a timely fashion, or as has otherwise been requested by the Seller.
If the Seller requests the withdrawal of the advertisement, the Seller will not be entitled to a refund of any monies paid to WTE.
Non-compete
If You are in the business of creating similar advertisements, goods or services for the purpose of providing them for a fee to Users, whether they be business Users or domestic Users, then You are a competitor of WTE. WTE expressly excludes and does not permit You to Use or access Our Website, to download any information from the Website or to obtain any such documents or information through a third party. If You breach this term then WTE will hold You fully responsible for any loss that We may sustain and further hold You accountable for all profits that You might make from such unpermitted and improper Use. WTE reserves the right to exclude and deny any person access to Our Website, services, or information in Our sole discretion.
General
The law applicable to these Terms is the law of the State of New South Wales, Australia. Should any provision of these Terms be held to be unenforceable or invalid, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and the remainder hereof will continue in full force and effect.
Any comment, feedback, idea, or suggestions that You provide to Us through this Website becomes Our property. If in the future We use any of Your material in promoting Our Website or in any other way, We will not be liable for any similarities which may appear from such Use. Furthermore, You agree that We are entitled to Use any comments or feedback for any commercial or non-commercial purpose without compensation to You or to any other person who has transmitted Your comments.
If You provide Us with material, You acknowledge that You are responsible for the content of such material including its legality, originality and copyright. Your content can be Used in any other directory, product, service, or marketing material provided or used by Us, Our related bodies corporate or by a third party to which We syndicate Your ad or Your content.
These Terms constitute the entire agreement between You and WTE with respect to this Website and its Use and supersede any other agreement, or any other discussion or communication of any kind, written or oral.
WTE will be excused from performance of its obligations in the event of a force majeure event, including any cause or event that WTE does not have direct control, including internet or communications problems, internet service provider or hosting facility failures, electricity or telecommunications failures or unauthorised access or theft.