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WGWTU.202609

Westan Group Website Terms of Use 

 

  1. Purpose. These Terms of Use govern your access to and use of the website westan.group (“Site”), operated by Westan Australia Pty Ltd (ABN 40 111 699 819) and Westan (NZ) Limited (NZBN 9429 0363 85874) (together, “Westan”, “we”, “us” or “ours”).

  2. Agreement. By accessing or using the Site, you agree to be bound by these Terms of Use. If you do not agree, please do not use the Site.

  3. Website Functions. This Site is informational only. It does not process payments, sales orders or any other transactions. Nothing on this Site constitutes an offer capable of acceptance, and no contract for the sale of goods or services is formed through the Site.

  4. About Westan. Westan is an Australian and New Zealand-owned distributor of audiovisual and consumer electronics products. References to Westan in these Terms include our related entities operating in Australia and New Zealand.

  5. Use of the Site. You may access and use the Site for lawful purposes only. You must not:

    5.1. Use the Site in any way that breaches any applicable law or regulation in Australia, New Zealand or any other relevant jurisdiction

    5.2. Use the Site to transmit or distribute any virus, malware or other harmful code

    5.3. Attempt to gain unauthorised access to the Site, the server on which it is hosted, or any server, computer or database connected to the Site

    5.4. Use any automated system, including “robots” or “spiders”, to access the Site other than through publicly available search engines

    5.5. Use the Site in any way that could damage, disable, overburden or impair the Site, or interfere with any other party’s use of the Site

    5.6. Copy, reproduce, republish, frame, upload, post, transmit, distribute or otherwise use Site content for any commercial purpose without our prior written consent.

  6. Breach. We may suspend or restrict your access to the Site at any time, without notice, if we reasonably believe you have breached these Terms.

  7. Intellectual Property. All content on the Site, including text, graphics, logos, images, product information, brand names and the layout and design of the Site, is owned by or licenced to Westan and is protected by copyright, trademark and other intellectual property laws in Australia, New Zealand and other jurisdictions.

  8. Site Use. You may view, print or download material from the Site for your own personal or internal business use, provided you do not modify the content and you retain all copyright and other proprietary notices. You must not otherwise reproduce, distribute or commercially exploit any content from the Site without our prior written consent.

  9. Products and Brands. Product names, brand names and logos referenced on the Site may be trademarks of Westan or of the third-party brands we distribute (including but not limited to Sonos, Focal, Naim, Klipsch, Onkyo, Epson, Aurora Displays, Kramer, Philips, TCL and Videri), and are used with permission or under licence where required.

  10. Enquiries and Content You Submit. If you submit any information to us through the Site (for example, via a contact or enquiry form), you must ensure that information is accurate and that you have the right to provide it to us. You must not submit any content that is unlawful, defamatory, misleading or infringes the rights of any third party.

  11. Personal Information. Any personal information you provide through the Site is handled in accordance with our Privacy Policy (WGPP.202609) available on our Site.

  12. Links to Other Websites. The Site may contain links to third-party websites, including supplier, reseller or partner websites. These links are provided for convenience only. We do not control and are not responsible for the content, accuracy or privacy practices of any linked website, and 
    inclusion of a link does not imply our endorsement of that website.

  13. No Warranties. The Site and its content are provided “as is” and “as available”. To the extent permitted by law, we make no representations or warranties, express or implied, about the accuracy, completeness, currency or reliability of any content on the Site, including product specifications, availability or pricing information, which is provided for general information purposes only and may change without notice.

  14. Consumer Guarantees. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you under the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, the Consumer Guarantees Act 1993 (NZ), the Fair Trading Act 1986 (NZ) or any other law that cannot lawfully be excluded, restricted or modified by agreement.

  15. Limitation of Liability. To the maximum extent permitted by law, Westan excludes all liability (including for negligence) for any loss or damage, whether direct, incidental, special or consequential, arising out of or in connection with your access to or use of the Site, including any loss of data, business, profits or goodwill, even if we have been advised of the possibility of such loss. Where liability cannot be excluded but can be limited, our liability is limited, at our option, to resupplying the relevant information or service, or the cost of doing so.

  16. Indemnity. To the extent permitted by law, you agree to indemnify Westan and its officers, employees and agents against any loss, damage, cost or expense arisng from your breach of these Terms or your misuse of the Site.

  17. Privacy. Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use and disclose personal information in accordance with the Privacy Act 1988 (Cth) and the Privacy Act 2020 (NZ). Please refer to our Privacy Policy (WGPP.202609) available on our Site for further information.

  18. Changes to These Terms. We may amend these Terms of Use at any time, in our sole discretion, by updating this page. Your continued use of the Site following any changes indicates your acceptance of the updated Terms. We recommend you check this page periodically.

  19. Governing Law and Jurisdiction. These Terms are governed by the laws of the State of Victoria, Australia, in respect of use of the Site by users in Australia, and by the laws of New Zealand in respect of use of the Site y users in New Zealand, without giving effect to any conflict of law principles. You submit to the non-exclusive jurisdiction of the courts of that place.

  20. Severance. If any provision of these Terms is found to be void, invalid or unenforceable, that provision will be severed and the remainder of these Terms will continue in full force and effect. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

For any questions or notice, please contact us at:

Westan Australia Pty Ltd
ABN 40 111 699 819
Unit 1, 191–195 Greens Road, Dandenong South, Vic 3175, Australia
Phone: 1300 963 963

Westan (NZ) Limited
NZBN 9429 0363 85874
Unit 4, 38 Peters Way, Silverdale, Auckland 0932, New Zealand

Email: info@westan.com.au