Terms & Conditions

Wilson & Gilkes Pty Ltd

337 – 349 Newbridge Rd Moorebank NSW 2170 AUSTRALIA

This website is operated by Wilson & Gilkes Pty Ltd ( ABN 59 000 129 148 ) 

By using the Wilson & Gilkes Pty Ltd (we, us, our) website, you agree to comply with these terms of use (Terms). We may change these Terms of use at our discretion and without notice. By continuing to use this website you accept the Terms of use as they apply from time to time. Refer to info@wilsongilkes.com.au for assistance on any aspect of the operation of or access to this website.

Intellectual property rights

Unless otherwise indicated, we own the copyright and other intellectual property rights in the content of this website. Please don’t infringe those rights. While you may browse or print the content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce any part of the website for any other purpose. The website, products, technology and processes contained in this website may be the subject of other intellectual property rights owned by third parties and licensed to us. No licence is granted in respect of those intellectual property rights other than as set out in this website. Your use of this website must not in any way infringe the intellectual property rights of any person.

All trade marks appearing on this website belong to their respective owners and must not be used republished or modified in any way without obtaining the prior written consent of the owner.

General information and not legal advice

Wilson & Gilkes Pty Ltd maintains this website as an information service to our business partners and to provide a general summary and overview of our activities to the public. None of the information provided here is represented or implied to be legal, accounting, financial or investment advice and we do not invite and do not expect any person to act or rely on any statement, opinion, representation or inference expressed or implied on this website. You must make your own enquiries and obtain your own professional advice appropriate to your own circumstances, before acting or relying on any content.

We do not accept any responsibility for any errors or omissions on this website and disclaim absolutely all liability for the consequences of any act or omission arising out of the use or otherwise of the information on this website. In no event are we liable for any loss or damage, directly or indirectly, arising out of or in connection with the use of this website or the information set out herein or referable or linked to it and whether consequential or foreseeable or otherwise and howsoever arising.

Legal Relationship of transactions

1. Transactions on this site: If you transact any business with us or through this website, you may be asked to agree to another set of terms and conditions relating to that particular transaction before you can proceed. Unless so requested or otherwise indicated, then these Terms apply also to any such transaction or contract arising from that transaction.
2. Disputes: If for any reason a dispute arises in respect of the goods or services offered by us on this website or the conditions of their purchase or otherwise, then the laws of Australia shall apply to resolution or claims in relation to that dispute, irrespective of your location or place or residence or the place where the services are provided or the goods delivered.

Liability

Although we aim to ensure the content on this website is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. We may change the content on this website at any time without notice. Also, as the internet is inherently insecure, we can’t guarantee the security of data contained on the website. Some transactions on this website may be effected using cloud facilities, for which Wilson & Gilkes Pty Ltd cannot be held responsible in respect of any access or recovery of data issues.

The website and its content are provided entirely “as is”. We exclude all implied conditions and warranties with respect to the website and its content, excluding any implied condition or warranty the exclusion of which would breach any statute or cause any part of this paragraph to be void.

Your use of this website, and your reliance on its content, is entirely at your own risk. In particular, we exclude our liability to you (including because of our negligence) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss, resulting from your use of our website or its content. For all other types of loss, our total liability to you (including because of our negligence) resulting from your use of this website or its content is limited in aggregate to $1.

If, despite the previous two paragraphs, a court says that we are liable to you, that liability will be limited (at our election) to either re-supplying the affected service or content to you or refunding what you have paid us for it.

Third party links

Our website (or social media websites on which we maintain a presence) may contain links to other sites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content.

We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those sites, nor do we endorse any information, opinions, goods or services referred to on them.

Password secrecy

We may choose to issue you with a username and password to enable you to access particular features on our website. If we do, you must keep those details confidential (and you are responsible for their misuse if you don’t).

Posting comments

Our website may enable you to post comments (for example, on blogs, forums or other public areas). You are responsible for all comments that you post (or that are posted using your username and password).

You must not post any comment that:

• is inflammatory (commonly referred to as ‘trolling’)
• is xenophobic, racist, abusive, harassing or hateful
• is false, defamatory, inaccurate, threatening, invasive of a person’s privacy, or constitutes personal abuse directed at other users
• is obscene, sexually explicit or pornographic, or contains links to other sites that contain or promote obscene, sexually explicit or pornographic material
• constitutes commercial advertising, the promotion of gambling or the promotion of your own site (commonly referred to as ‘spamming’)
• infringes someone else’s copyright, or
• violates any Australian law.

You warrant that any information or know-how you submit via the website will be yours to publish or be authorised by the proprietor to be published by you and that information we receive from you on this website may be used by us for the purposes for which you published it to us, without any charge or cost to us or any restriction. If you intend on us relying on that information then you must warrant that is truthful, accurate and complete and capable of being relied upon, and not fraudulently or unlawfully obtained or posted with malicious or unlawful intent.

Privacy

Wilson & Gilkes Pty Ltd privacy policy is available in a Statement form here. The following general principles apply to the collection and disclosure or use of personal information on this site. You must read the Statement in full to understand the conditions applying to the protection of personal information from April 2021, how Wilson & Gilkes Pty Ltd manages those conditions, the manner in which you may access further information from Wilson & Gilkes Pty Ltd and how to and to whom you may complain if your rights are infringed. To the extent that any of the general principles described in this page are inconsistent with the Statement, the Statement prevails.

1.Collection: When you access this site, Wilson & Gilkes Pty Ltd collects information relating to your visit including personal information the subject of the Privacy legislation in Australia. When you submit any Visitor Data to us, your submission is an acknowledgment of and agreement with the terms of our policy on privacy as set out in these Terms and to the use of that Visitor Data by Wilson & Gilkes Pty Ltd.

Purpose of collection: Any Visitor Data of a personal or sensitive nature that is collected from this site by Wilson & Gilkes Pty Ltd will only be used as necessary for the business to be transacted between us and for the purposes of providing our Visitors and Members with better services and products.

2.Disclosure & use: We may need to provide your contact details to delivery companies, mail houses, third party fulfilment contractors, financial institutions and web-hosting organisations, but we will not sell or transfer your information to a third party for marketing purposes without your consent. We may also need to pass on personal information to a third party payment clearance house for account payments or to mercantile agents for account settlement. Sometimes we need to share information with recognised authorities, regulatory bodies, governments and organisations such as banks to investigate possible fraud or other unlawful activities.

We may, in the ordinary course of our own business, use Visitor Data to direct market our products and services.

We will not disclose your personal information to anyone else for any other purpose unless we are required by law to disclose it or you tell us we can or should.

Other information collected on site might be used by us to enable us to be proactive in assisting you in matters that either you or we have identified as relevant to your organisation and in particular, we may contact you to assist you in navigation of the Internet itself or location of like organisations suppliers or others with whom you may deal. We may also use the information to contact you and alert you to regulatory or compliance matters that might affect you. Or we simply use the information to contact you to obtain your consent or authority to use the Visitor Data in a particular way not mentioned here.

Emailed responses and additional or new information regarding the products and services of Wilson & Gilkes Pty Ltd may be accessed on this site based on information we have collected from our Visitors. Much of the information can be collected automatically when a Visitor hits this site.

3. Access: Wilson & Gilkes Pty Ltd access to the Visitor Data is limited to authorised persons – employees and in some cases contractors and consultants who are all bound by contractual obligations to maintain the confidentiality (where applicable) and privacy of personal information in that Data. Where there is a password or key provided to you to access this site or any secure part of it, then it is important to keep that password or key secret like an ATM PIN.

Subject to the rights of other Visitors and persons whose information may be collected and aggregated with yours, you may request access to your personal information that we hold at any time and you may at any time request Wilson & Gilkes Pty Ltd to delete your personal Visitor Data held by us. We will take all reasonable steps to action that request promptly. However, there may be technical or other constraints to comprehensively identifying all such information and completely destroying all details of your visit and the information contained in your Visitor Data, as well as legal and statutory duties and responsibilities imposed on us that might also prevent us from destroying or removing from our records all such information. Nevertheless, your request will be treated, to the best of our ability given those constraints, as a signal that the information cannot be disclosed or used by us without your consent.

Given our commitment to your privacy, we can request verification from you and evidence to support such a request to ensure that the person who so requests that information is the person entitled at law to receive it.

4. Security: Wilson & Gilkes Pty Ltd is continually assessing and updating its systems to ensure the security of information on the website as well as that retained on our independent systems. All reasonable efforts are made to provide an acceptable level of confidence that Visitor Data cannot be used by unauthorised persons or in a manner likely to affect the reputation or standing of Visitors.
5. External links: This web site may contain links to, or frame, web sites of third parties (“external sites”). We are not required to maintain or update them and such links should not be construed as any endorsement, approval, recommendation or preference by Wilson & Gilkes Pty Ltd of the owners or operators of the external sites, or for any information, products or services referred to on the external sites unless expressly indicated on this web site. If you access another organisation’s website using a link from Our website, you will leave the Wilson & Gilkes Pty Ltd website and will be subject to the terms, conditions and circumstances of the site you visit, including the level of privacy protection offered on that site. Wilson & Gilkes Pty Ltd policies and protections will no longer apply once you leave this site.

Wilson & Gilkes Pty Ltd makes no warranties and accepts no liability in relation to material contained on external sites. Those sites will probably also have different privacy provisions. Wilson & Gilkes Pty Ltd is not responsible for those sites or for any consequences of you accessing them through our website.

6. Communications between us: Where you have provided personal information to us by email, this electronic method will be used in preference to other methods of communication by us. You should indicate in your email if you prefer not to receive our marketing material in this manner. Most of the information we send to you which might be classed as direct marketing material will also provide you with an opportunity to refuse future material from us.
7. Updating: If any of the personal information which you submit to us through the website, changes or becomes inaccurate, we ask that you notify us of the changes through the Helpdesk email at info@wilsongilkes.com.au Unless you tell us, we cannot be responsible for inaccurate or out of date information.
8. Storage: Much of what is collected and stored is for our own use only to evaluate the effectiveness of our website and the services and products we post on that site. We use the information to improve the site content or navigation.

The sort of information we store from the Visitor Data and which might include personal information is:

• your organisation’s legal name
• your business and trading names
• the name and title of the individual who represents your organisation or accesses the website on your behalf
• the email address of that individual and the organisation
• the website address and the domain type of your organisation
• the telephone, facsimile, postal and street addresses of the organisation

information disclosed about your organisation in the enquiry or message submitted in the Visitor Data, including information we might be able to infer from the context such as sectoral, geographical, and size issues, the subject matter of the enquiry or message.

Cookies may be used to gather statistical information that will assist in understanding what users find interesting and useful on our Web site. No personal information can be identified about the user through cookies. However, they will enable you to take full advantage of the services we offer. The use of cookies is an industry standard and you’ll find most major websites use them. Most Internet browsers are pre-set to accept cookies. If you prefer not to receive cookies, you can adjust your Internet browser to disable cookies or to warn you when cookies are being used. Alterations to these settings may, however, affect the functionality of our website.

A piece of code may also be embedded into pages of our website. This provides statistical site usage Wilson & Gilkes Pty Ltd uses Google Analytics and other web analytic tools from time to time to analyse usage statistics on our website. This analysis is performed using anonymous data collected from the Argent website. No personally identifiable information is collected and we cannot link this anonymous statistical data to any personal information you may have volunteered to Wilson & Gilkes Pty Ltd for registration purposes or for any other requests for products and services.

Applicable law

These Terms of use, and your use of our website, are governed by the laws of New South Wales, Australia.