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Website Terms of Use

  1. This is a website operated by West Carr & Harvey Pty Ltd (We, us, our) under the domain name “https://www.westcarrharvey.com.au/” (Site).
  2. Your use of the information, graphics and materials on the Site is governed by these terms of use and our privacy policy, which is available at https://www.westcarrharvey.com.au/privacy-policy/ You agree that your use of the Site indicates your acceptance of these terms.
  3. There are also specific terms which may apply if you login, interact or purchase from the Site and you should familiarize yourself with these if applicable.

Links to other websites

  1. The Site may contain links to websites operated by third parties (Third Party websites). We do not endorse, or approve of the operators of Third Party websites, or the information, graphics and material on those Third Party websites (Third Party Material).
  2. Subject to any applicable law which cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party websites or that Third Party Material does not infringe the intellectual property rights of any person.
  3. All statements relating to goods and services available on Third Party websites are the responsibility of and given by the Third Party.

Link to Account

  1. The Site contains a link to our client account portal. By using the client account portal and making an account you agree to bound by any platform provider’s terms and conditions that may be applicable from time to time.
  2. Any breach of a client account portal platform provider’s terms and conditions which will be a breach of these terms of use.

Content

  1. While we make every effort to ensure information is free from error, we do not warrant the accuracy, adequacy or completeness of content or material on the Site. All information is subject to change without notice. We do not guarantee that the Site will be free from viruses, or that access to the Site will be uninterrupted.
  2. You represent and warrant that you have all rights to content (including any text, data, graphics, images, video, audio, articles and other materials) you give us in the course of accessing the Site and your grant us a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicensable and transferable right to access, display, reformat, modify, create derivative works or, excerpt, translate, distribute or otherwise use such content in connection with the Site.

Limitation of liability

  1. Subject to any liability implied by law and which cannot be excluded, we (and our officers, employees, contractor or agents) are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to your use of, or material on, the Site.
  2. Our liability for a breach of a condition or warranty implied by law and which cannot be excluded, is limited to the extent possible, at our 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.

Termination

  1. These terms of use (and the agreement constituted by your use of the information, graphics and materials on the Site) and your access to the Site may be terminated at any time by us without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by us will survive termination, however, you will no longer be authorised to access the Site.

Jurisdiction

  1. The terms of this Agreement are governed by the laws of Victoria. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

Copyright and trademark

  1. Copyright in the material on this website is owned or licensed by us.
  2. Except where necessary for viewing the Site on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these terms of use, no material on the Site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific written consent.
  3. We reserve any rights not expressly granted in these terms of use.

Acceptance and changes

  1. These are the current terms of use. They replace any other terms of use for the Site published on the Site. We may at any time vary the terms of use by publishing the varied terms of use.