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  • Website Terms of Sale

Website Terms of Sale

Terms and Conditions for sale of goods

These Terms and Conditions constitute a legally binding contract between the customer (“you” and “your”) and Specialist Wholesalers Pty Ltd (ACN 163 280 279), trading as “WANO” (“WANO”, “we”, “us”, “our”) and apply to the ordering purchase, fulfilment and delivery of goods from (or linked from) www.wano.com.au (“WANO Online Service”). By placing an order for Goods from WANO Online Service you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods.  If you do not agree to these Terms and Conditions, please do not use this WANO Online Service.

We do not guarantee that the WANO Online Service, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the WANO Online Service for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

Collection of any information you provide us via use of the WANO Online Service will be held by us in accordance with our Privacy Policy.

Your Account
You are responsible for your use of the WANO Online Service, and you must be at least 18 years old.  If you use this WANO Online Service, you are responsible for maintaining the confidentiality of your account and password (if applicable) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must advise us if your password or username is disclosed to prevent unauthorised access to the WANO Online Service. WANO reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

In your use of the WANO Online Service, you must not:

  1. act in any manner that could disable, overburden, damage, or impair the WANO Online Service or interfere with any other party's use of the WANO Online Service, including their ability to engage in real time activities;
  2. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  3. attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the WANO Online Service, the server on which the WANO Online Service is stored, or any server, computer or database connected to the WANO Online Service;
  4. attack the WANO Online Service via a denial-of-service attack or a distributed denial-of-service attack; or
  5. otherwise attempt to interfere with the proper working of the WANO Online Service.

We may report any of these activities to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our WANO Online Service will cease immediately.

Intellectual Property
We are the owner or the licensee of all intellectual property rights in the WANO Online Service, and in the material published on it including any associated documentation or material (“Associated Documents”), and we (or the intellectual property rights owner from whom we licence intellectual property) retain all rights in relation to the WANO Online Service and Associated Documents.

You are granted a non-exclusive, non-transferrable licence to use the WANO Online Service and Associated Documentation solely for the purposes of genuine review in order to enable ordering of products from us, ordering decisions concerning your business or as otherwise contemplated by these terms and condition. 

The licence granted to you may not be assigned, transferred, sub-licenced or dealt with any in way without our prior consent, which may be withheld at our discretion.

You must not:

  1. copy, distribute, reproduce, modify, translate, adapt, vary, reverse engineer, de-compile or disassemble any of the WANO Online Service and Associated Documents or create derivate works based on the WANO Online Service and Associated Documents;
  2. use any spider, scraper, robot or other automated means to access the WANO Online Service or Associated Documents for any purpose whatsoever;
  3. attempt to interfere with the proper working of the WANO Online Service; or
  4. use the WANO Online Service in any way contrary to reasonable directions that we provide from time to time.

No Guarantee
Although we make reasonable efforts to maintain accurate information on the WANO Online Service, we make no guarantees, representations or warranties, whether express or implied, that the content included in the WANO Online Service is accurate, complete or up-to-date. 

You acknowledge that any information in the WANO Online Service (including, but not limited to product pricing and availability) is indicative only. You can contact us to obtain current prices and availability prior to placing any order. The product prices charged by us for products you order will be those applicable at the time we accept the order, and will be subject to availability. 

We do not guarantee that the WANO Online Service will be secure or free from bugs or viruses, and you are responsible for configuring your technology to access WANO Online Service. 

For the avoidance of doubt, The WANO Online Service will be provided "as is" and do not make any express warranties in relation to the WANO Online Service, including that the WANO Online Service is error-free or that it’s use will be uninterrupted, or that it will be fit for any particular purpose.  

Warranties and Liability
We, our affiliates or their licensors, service providers, employees, agents, officers or directors:

  1. exclude all representations, warranties, terms and conditions, whether express of implied (and including those implied by statute, custom, law or otherwise), except as expressly set out in these terms and conditions; and
  2. will not be liable to you for damages of any kind, arising out of or in connection with your use, or inability to use, the WANO Online Service, any services linked to it, or any content on the WANO Online Service, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. 

Nothing in the preceding clause affects any liability which cannot be excluded or limited under applicable law. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by law.

You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your violation of these terms or your use of the WANO Online Service, including, but not limited to your use of any information obtained from the WANO Online Service and any use of the WANO Online Service content, other than as expressly authorised in these terms.

Suspension and Termination
We have the right to suspend or terminate your access, including by way of disabling any user identification code or password, at any time, if in our reasonable opinion:

  1. you have failed to comply with any of these terms and conditions;
  2. we have a right to terminate any other agreement with you;
  3. any amount you owe to us under any other agreement is not paid by its due date
  4. you become insolvent or subject to any form of administration or otherwise threaten to become insolvent, you cease to conduct business or your ultimate parent entity changes; or
  5. anything happens which might lead to unauthorised disclosure of our Confidential Information.

We reserve the right to monitor and track your login information on the WANO Online Service to ensure it is being used in accordance with these terms and conditions. Any usage flagged as being in breach of this agreement and not typical of end user behaviour may result in your access to WANO Online Service being revoked.

Confidentiality
Confidential Information means:

  1. all information contained in and accessible via use of the WANO Online Service (including the Associated Documents), including but not limited to:
    1. part numbers;
    2. part number application by vehicle specific criteria including make and model;
    3. pricing, including retail and recommended retail prices (if applicable);
    4. product brand information;
    5. pictures, schematics, technical data, specifications and dimensions relating to parts;
    6. WANO Online Service features and training documentation; and
    7. any commercially sensitive information in relation to us, including inventory levels in our stores and distribution centres,

and,

  1. all source code and object code of the WANO Online Service.

You must not disclose any Confidential Information to any third party except as required by law or where the Confidential Information can be demonstrated to have been in the public domain at the time of the disclosure other than as a result of a breach of these terms and conditions.

You acknowledge that the WANO Online Service, the Associated Documents and the Confidential Information are our unique and valuable proprietary asset, and any unauthorised disclosure may cause irreparable damaged. 

You agree that we may seek to enforce the terms regarding confidentiality, including application to the applicable court for appropriate equitable remedies (including seeking injunctive relief) with respect to breaches of these terms and conditions, in addition to such other remedies that we may have under applicable laws.

General
Any purchases made via the WANO Online Service are governed by:

  1. our terms of sale;
  2. any credit application between us and you;
  3. any other written agreement in place between us and you,

(to the extent applicable).

If you are operating in Australia, these terms and conditions are governed by the laws of Victoria, Australia and both parties submit to the non-exclusive jurisdiction of the courts of Australia. If you are operating in New Zealand, these terms and conditions are governed by the laws of New Zealand and you and both parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

Our failure to enforce any of the terms of these terms and conditions shall not be construed or deemed to be a waiver of our rights under these terms and conditions.

WANO reserves the right to amend these Terms and Conditions at any time.

Contact Details
If you have any queries regarding the WANO Online Service, please email sales@wano.com.au.



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