Disclaimer

Please read these terms and conditions of use carefully before using this web site.

Use of this Web Site

This web site, accessible at www.wingategroup.com.au (“Web Site”), is owned and operated by Wingate Group Holdings Pty Ltd (ABN 82 128 511 035) and its related bodies corporate (together called “Wingate”).

Acceptance of and changes to terms and conditions of use

By using this Web Site, or downloading materials from this Web Site, you agree to the terms and conditions of use set forth in this notice without limitation or qualification. These terms and conditions of use may be revised at any time by updating this posting, and will be effective as of the date of such posting. Your continued use of the Web Site after any changes to this posting will be considered acceptance of those changes. This text was last revised on 1 June 2011.

General Information

Unless expressly agreed otherwise, the Web Site is provided and may be used for informational purposes by Australian residents only.

The information, opinions and other materials appearing on the Web Site are of a general nature only and shall not be construed as advice. Wingate accepts no responsibility for the accuracy or completeness of the information, opinions or other materials provided on or accessible through the Web Site. The Web Site has not been prepared with reference to your individual financial or personal circumstances. You should not rely on any advice in this Web Site without first seeking appropriate professional, financial and legal advice. Further, where Wingate makes third party material available or accessible through the Web Site you acknowledge that Wingate is a distributor and not a publisher of that content and that its editorial control is limited to the selection of those materials to make available.

Restrictions on use of Wingate’s Website

As a condition of your use of Wingate’s Web Site or any web applications contained on this Web Site, you agree to abide by all applicable laws and regulations, and to conduct yourself in accordance with the terms and conditions contained on this Web Site.

Specifically, you agree not to:

  • use this Web Site to defame, abuse, harass, stalk, threaten or otherwise offend others;
  • disseminate (by email or otherwise) any material which is unlawful, abusive, obscene, pornographic, defamatory, discriminatory, harassing, grossly offensive, vulgar, threatening or malicious;
  • use any address harvesting software or automated scripting tool software;
  • engage in chain letters unsolicited emailing or spamming via Wingate’s tools;
  • impersonate any person or entity;
  • use (upload, post, e-mail, transmit) Wingate’s web applications and Web Site materials in ways that you do not have a right to under any applicable law or contract; or
  • interrupt or attempt to interrupt the operation of this Web Site in any way.

Except as otherwise expressly permitted by Wingate, no materials from this Web Site or any Web Site owned, operated, licensed or controlled by Wingate may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this Web Site for your use only, provided that you also retain all copyright and other proprietary notices contained in the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Web Site for public or commercial purposes, including the text, images, audio, and video without Wingate’s written permission.

Disclaimer and Limitation of Liability

General

No part of these terms and conditions of use excludes, restricts or modifies any condition or warranty implied into these terms and conditions of use or any liability imposed on Wingate by any applicable law (including the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth)) if to do so would contravene such law or make any part of these terms and conditions of use void.

Exclusion and limitation

To the extent permitted by law, all conditions, warranties and other terms implied by statute, custom or the common law are excluded from these terms and conditions of use. If any statute implies terms into these terms and conditions of use which cannot be lawfully excluded, then those terms and conditions will apply and, to the extent permitted by law, the liability of Wingate for the breach of any such term will be limited to the minimum remedy provided for in such terms and conditions.

Liability of Wingate (whether that liability arises under contract, tort (including negligence) or statute) is limited to the amount paid by you, if any, for accessing this Web Site.

In no circumstances will Wingate, its subsidiaries, affiliates, or any party involved in creating, producing, or delivering this Web Site be liable to you or to any entity for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered in connection with the use of, or the inability to use, the content, materials and functions on this Web Site or any linked Web Site, even if Wingate or a Wingate authorised representative has been expressly advised of the possibility of such damage.

Wingate excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any incidental, consequential, special, or punitive damage (including, without limitation, any loss of profits, loss of opportunity, loss of revenue, loss of anticipated savings, business interruption, loss of information or programs or other data on your information handling system) resulting from the use of, or the inability to use, the content, materials and functions on this Web Site or any linked Web Site, even if Wingate or a Wingate authorised representative has been expressly advised of the possibility of such damage.

Damage and viruses

Wingate will not be liable for any damage to, or viruses that may infect, your computer equipment or other property as a result of access to, use of, or browsing this Web Site or your downloading of any data, text, images, video, or audio material from this Web Site.

Errors

Wingate does not warrant that the functions contained in the Web Site materials will be uninterrupted or error-free, that defects will be corrected, or that this Web Site or the server that makes it available are free of viruses or other harmful components. Wingate does not warrant or make any representations regarding the use or the results of the use of the materials on this Web Site in terms of their correctness, accuracy, reliability, or otherwise.

Wingate does not warrant the reliability of any advice, opinion, statement or other information displayed on this Web Site. The information and descriptions contained on this Web Site are not intended to be complete descriptions of all terms, exclusions and conditions applicable to Wingate’s products and services, but are provided solely for general informational purposes. Wingate reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site. Wingate neither warrants nor represents that your use of materials displayed on this Web Site will not infringe any rights of third parties not owned by or affiliated with Wingate.

Third party Web Sites

This Web Site may be linked to other web sites that are not maintained by Wingate. Wingate is not responsible for the content of those web sites. If you use these web sites, you will leave this Web Site. If you do decide to visit any linked web site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The inclusion of any link to such web sites does not imply approval or endorsement by Wingate of such web sites or the content thereof.

Trademarks and Copyright

‘Wingate’ and all associated trade marks, , trade names, logos, and icons are proprietary to Wingate, unless otherwise noted. Nothing contained on this Web Site should be construed as granting, whether by implication, estoppel, or otherwise, any licence or right to use any trade mark displayed on this Web Site without the written permission of Wingate or such third party that may own the trade marks displayed on this Web Site. Your use of the trade marks displayed on this Web Site, or any other content on this Web Site, except as provided herein, is strictly prohibited.

Images displayed on this Web Site are either the property of, or used with permission by, the Wingate. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorised use of the images may infringe copyright laws, trade mark laws, the laws of privacy and publicity, and communications regulations and statutes.

Privacy and Wingate’s Use of Information

Wingate’s Privacy Policy

When you provide us with your registration information (includes personal information) we retain and use this information for the purpose of providing you information about Wingate. We may share your details with others in the Wingate group and sometimes with organisations who conduct our online marketing activities provided it is in compliance with our privacy policy.

Browsing the Web Site

Our web server and Online Business Tools also collect information about:

  • the number of visitors to the Web Site;
  • the date, time and duration of visits;
  • how visitors have navigated through the Web Site;
  • the applications visitors used on the Web Site; and
  • whether visitors have transmitted our information on to third parties.

This data is obtained when people browse the Web Site or use any of Wingate’s Online Business Tools or Web applications. It does not however include details that would identify any individual visitors to our Web Site.

Wingate preserves the right at all times to lawfully monitor, record and disclose any personal information to satisfy applicable laws and regulations.

Jurisdictional Issues

Wingate product information

Except as specifically stated in these terms and conditions of use, the information contained on this Web Site:

  • is not an offer to sell or a solicitation to buy any security, insurance product or other product or service; and
    does not form part of the terms for Wingate supplying to you any products and services of the Wingate.
  • No security, insurance product or other product or service is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Wingate’s products and services may not be available in all jurisdictions.

Governing law

This Web Site is controlled, operated and administered by Wingate from its offices in Victoria, Australia. Wingate makes no representation that materials on this Web Site are appropriate or available for use at other locations outside of Australia and access to them from territories where their contents are illegal is prohibited. If you access this Web Site from a location outside of Australia, you are responsible for compliance with all applicable local laws. These terms and conditions of use shall be governed by the laws of the State of Victoria. You agree that the appropriate State or Federal Court in Victoria will have the exclusive jurisdiction to resolve all disputes arising from this Web Site or these terms and conditions of use, and you consent to personal jurisdiction in such forum.

Entire agreement and severance

These terms and conditions of use constitute the entire agreement between Wingate and you with respect to your use of this Web Site. Part or all of any provision in these terms and conditions of use that is illegal or unenforceable, will be severed from these terms and conditions of use and the remaining provisions will continue in force and effect and be enforced to the maximum extent permissible so as to effect the original intent of these terms and conditions of use.