Conditions of use for Wendells

1. About this website

This is a website operated by Wendells International Pty Ltd ACN 127 568 138 ("Website Owner ") under the following domain names " http://www.wendells.com., .com.au and .co.nz" ( "website")

2. About these terms of use

These website terms of use ("terms of use") and the associated Privacy Statement govern your access to and use of the website.

You should read these terms of use and the Privacy Statement carefully before using this website.

3. Your access/use implies agreement

The website is available for your use only on condition that you agree to the terms of use. By accessing/using the website, you are signifying your agreement to be bound by the terms of use.

4. Certain other actions imply agreement to additional terms

In addition to the terms of use, there may also be specific terms ("additional terms") which govern your use of, and access to, particular sections of the website. Since you are also bound by these additional terms, you should review them wherever they are offered to you.

Certain actions, payment or agreement on your part may mean that such services are additional to the normal terms and are subject to a separate agreement. When this happens you shall be offered additional terms through a hyperlink associated with these additional services. Since you are also bound by these additional terms, you should review them wherever they are offered to you.

5. Membership

5.1 The website is for the use of persons over the age of 18 years who become members by accepting the terms of use, comply with the terms and conditions regarding pricing, who use the website strictly in compliance with the terms of use and those pricing terms and conditions and who use only one profile.

5.2 The terms and conditions regarding fees and pricing are contained on the website under My account including the method by which payment may be made. Wendells reserves the right from time to time to change any fees or pricing without giving you notice to you.

5.3 The website must not be used for any commercial activity.

5.4 The information provided by you when you register to become a member of Wendells must be accurate in every way and it is a matter for you to promptly advise Wendells of any change to that information and to maintain confidentiality and security in relation to your membership name and password.

5.5 Wendells.com may at any time require you to provide it with information to verify your identity.

5.6 If you become aware that there has been any unauthorised use of your membership details, you must immediately advise Wendells of that fact and follow any reasonable instructions which Wendells may give in relation to that unauthorised use.

5.7 At the end of each session on the website, you must properly exit from it.

6. Termination and suspension of membership

If you wish to terminate your membership of Wendells, you may do so at any time by giving us written notice which may be emailed to us at support@wendells.com.au

Wendells may take any of the following action regarding your membership:

terminate your membership for any reason including but without limitation, a breach of the terms of use or additional terms
suspend your membership
deactivate your membership if you have not used the services provided by Wendells for a period of 6 months from the last time you used it
block your access to the service on a temporary or permanent basis
amend or hide any part of your member profile

7. Refund Policy

Membership fees are not refundable. However, if Wendells is unable to deliver the service it usually provides to its members (for example, because the website is not functioning), a member may request a refund in writing and, provided Wendells is satisfied with the validity of that request, it will refund the membership fee paid for the month in which it was unable to provide the service.

8. Limited license

Wendells grants you a limited, personal, non-transferable, non-sub-licensable, revocable license as a member of Wendells to:

(a) access and use the chargeable content and services of the website only; and

(b) access and use the website, content and services in the manner presented by Wendells only.

None of the content and/or information may be reverse-engineered, modified, reproduced, republished, translated into any other language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Wendells . You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the content in any way, unless expressly permitted in writing to do so by Wendells.

9. Modifications to the Terms

Wendells may revise and update the terms of use at any time. Your continued usage of the website after any changes to the terms of use will mean you accept those changes.

10. Modifications to the information

While Wendells has made every effort to ensure that information on the website is free from error, Wendells does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Wendells .

11. Errors and problems

While Wendells has made every effort to ensure that systems and information available on the website is and shall be free from error, Wendells does not guarantee that the website will be free from viruses.

12. Availability

While reasonable efforts are made to ensure that the website and its features will be available 24 hours a day on every day, Wendells does not make any representation or warranty that your access to the website will not be interrupted. Such interruption may arise for a number of reasons including, but not limited to, the failure of the system, the temporary suspension of access for the maintenance or repair of the system or for things beyond the control of Wendells

13. Transmission or Posting of Information

You are responsible for all information, data, images, sound, text or other material ("Material") which you transmit to or post on the website and to other members of Wendells. You must not post or transmit Material to the website, to linked sites or to other members of Wendells that:

(a) violates any intellectual property rights which includes but without limitation, copyright, trademarks, patents, trade names and design rights of another person in any jurisdiction in the world and whether or not those rights are registered;

(b) is defamatory, threatening, abusive, harassing, discriminatory, unlawful, obscene, indecent, offensive, profane or otherwise objectionable or inappropriate;

(d) is false or misleading in any way;

(e) is of a sexual or violent nature or contains sexual references/ innuendo;

(f) involves the transmission of junk mail, spam, chain letters or flooding techniques or mass distribution of unsolicited email;

(g) contains nudity, images of animals or cartoons;

(h) relates to extra marital or sexual group activity;

(i) contains viruses or other computer programs, files or codes which are designed to damage, modify, interfere with, disrupt or destroy the security and/or stability of the web site and other computer software and hardware or which provides instructional information about creating or modifying viruses;

(j) contains restricted or password only access pages or hidden pages or images;

(k) contains advertising or solicitation material relating to products or services, whether that material is addressed to members of Wendells or others;

14. Other Prohibited Activity

You must not misuse the website or behave in any way which Wendells considers to be inappropriate or in breach of the law. Although not exhaustive, the following is a list of some of the activity which you must not engage in:

(a) express or imply that any statements you make are endorsed by Wendells;

(b) remove or alter any copyright, trademark or other proprietary rights notices contained on the website;

(d) use meta tags, code or other devices which contain any reference to Wendells or the website with a view to directing any other person to another web site;

(e) impersonate any other person or entity or create a profile for any other person;

(f) use any robot, spider or any other device or process, manual or automatic, to retrieve, index, "data mine" or in any way to reproduce or circumvent the navigational structure or presentation of Wendells and the website;

(g) threaten, harass, abuse, stalk or defame any person including, without limitation, employees and client service representatives of Wendells ;

(h) exploit any person under the age of 18 years or solicit personal information from such a person.

12. Wendells Privacy Policy

The Wendells privacy policy governs the use of information collected from or provided by you at the website. A privacy policy prepared by Wendells for the purposes of being made available to users of the website and the general public, declaring the company's commitment to protecting the privacy rights of all persons with whom it deals, is set out below these terms of use. With respect to any personal information (related to you or to any other person) provided by you to Wendells, you represent to Wendells that you consent to and have obtained all necessary consents for the processing of such personal information, including the transfer of such information to Australia to be handled by Wendells in a manner as required by the law of Australia or any of its States or Territories, regardless of the privacy requirements and provisions of its state and country of origin or your or your associate's state and country of residence.

13. License and Ownership

Any and all intellectual property rights ( "intellectual property") associated with the website and its material and contents ( "content") are the sole property of Wendells . The copyright for the content on the website is owned or licensed by Wendells and is protected by copyright and other laws in both Australia and other countries.

Except where necessary for viewing the material on the website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or the terms of use or additional terms, no material on the website 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 the specific written consent of Wendells .

" Wendells ", and all custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of Wendells .

14. Outbound links

The website may contain links to third-party websites and resources ( "linked sites"). These linked sites are provided solely as a convenience to you and not as an endorsement by Wendells of the content on any of the linked sites. Wendells makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any linked site.

Wendells is not responsible for the availability of any of the linked site or the content or activities of any of those sites. If you decide to access any of the linked sites, you do so at your own risk and you should remember that your use of any of the linked sites is likely to be subject to terms and conditions of use similar to these, including but not limited to, the privacy policy of those linked sites. Wendells recommends that you review such terms before using any of the linked sites.

To the fullest extent possible at law, Wendells makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of third party material or products or services available through linked sites, or that third party material available from a linked site does not infringe the intellectual property rights of any person.

Without impacting its ability to exclude itself from such responsibilities and warranties, Wendells may receive payments and/or commissions from operators of the linked sites in relation to goods or services supplied by the operator as a result of you linking to the linked sites from the website.

15. Inbound links

Wendells generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and Wendells . However, linking to any other page of the website is strictly prohibited, in the absence of a separate agreement between you and Wendells that clearly describes the rights and responsibilities of linking to other pages. Any website or other device that links to the Home page or any page available on the Home page is prohibited from:

(a) replicating content, and/or

(b) using a browser or border environment around the content, and/or

(d) misrepresenting any state of facts, including its relationship with Wendells , and/or

(e) presenting false information about Wendells products or services, and/or

(f) using Wendells logo(s) or trademark(s),

without express written permission from Wendells .

16. Submissions

Wendells encourages you to make submissions and comments that will help improve the quality and function of Wendells . If you do send such comments, you acknowledge that:

(a) they will not be considered confidential or proprietary; and

(b) Wendells is under no obligation to keep such information confidential; and

(c) Wendells will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.

17. Disclaimer of Warranties

To the fullest extent permitted by law, Wendells makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights and fitness for a particular purpose.

18. Limitation of Liability

To the fullest extent permitted by law and to the extent that Wendells is otherwise found responsible for any damages, Wendells is responsible for actual damages only. In no event shall Wendells, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits cost of substitute services or damages resulting from lost data or business interruption or resulting from the use of or inability to use the website.

19. Indemnity

You agree to indemnify the Web Site Owner, its officers, employees and agents from and against any claim, demand, action, loss, damage, cost or expense which any party so indemnified may suffer as a result of or arising from your use of the website, including that which arises as a result of a breach by you of the terms of use or the additional terms.

20. Disputes and Complaints

Wendells has no obligation to monitor any dispute which might arise between you and another member or members of Wendells. However, Wendells may, if it chooses, monitor such disputes. If you have such a dispute and wish to make a complaint about it, you may do so by emailing that complaint to our support at support.wendells.com.au

21. Jurisdiction

The terms of use and additional conditions will be governed by and in accordance with the laws of the State of Queensland, Australia and in the event that a dispute arises from the terms of use and additional conditions, you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia

22. Customer Service

Questions or comments regarding the website operations may be submitted to support@wendells.com.au

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