Terms of Use

In these Terms of Use

Wintec or Wintec Saddles refers to Hammersmith Nominees Pty Ltd T/as Bates Australia (ABN 41 008 829 392), PO Box 153, Perth, WA 6858.

Website refers to this website, www.wintec‐saddles.com.

Affiliates refers to any direct or indirect parent, subsidiaries, sponsors, or affiliated brands and companies of Wintec Saddles and shall include any authorised stockists and distributors.

Use of Website

These terms of use (together with the documents referred to in it) tells you the terms on which you may use our site. Please read these Terms of Use carefully before you start to use the site. By using our site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our site.

Please also read our privacy policy which explains how we will use any information about you that we receive. The Privacy Policy forms part of these Terms of Use.

Additional terms may apply to particular services offered by us. These Additional Terms will be set out at the point of access to the relevant service. If there is any inconsistency between the Additional Terms for a particular service and the Terms of Use, the Additional Terms will prevail.

Community Features

Our site may, from time to time, provide you with certain interactive community features, provided by third party affiliate companies (such as Facebook or Twitter) which enable you to upload and share comments about a particular story or photograph. Before you will be able to use these community features and upload your comments, you may need to register with one of our Partners and each time you use those community features, you will need to be logged into your account with the Partner. We will do our best to make it clear on our site when community features are provided by our Partners and not by us.

When you click to register with one of our Partners, you leave our site and enter a third party site and you are registering with and submitting your personal data to another company. Partner sites have their own terms of use and privacy policies, which may differ from our own. You will need to comply with the terms of use and privacy policies available on the applicable Partner site that you have registered with and we recommend you familiarise yourself with them before you submit your Personal Data and register with that Partner.

Please be aware that our own Privacy Policy does not apply to our Partners or to their treatment of your Personal Data. We do not control how the personal data you submit to them on registration is processed, stored or used.

Comments posted on our site form part of your User Content so must comply with the Rules of Acceptable Use set out in these Terms of Use.

Intellectual Propery Rights

Unless otherwise stated, the content of our site (including without limitation, software, graphics, text, images, designs, compilations, databases, targeting information, and the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyright material (including source and object code), and all other materials related to our site) is protected by applicable copyrights, trademark rights, database rights and other proprietary rights. Wintec Saddles (and/or our licensors) owns the Content. Nothing in these Terms of Use grants you a right or licence to use the Content except as expressly provided in these Terms of Use.

Subject to strict compliance with these Terms of Use, we grant you a limited, personal, non‐exclusive, non‐commercial, revocable, non‐assignable and non‐transferrable licence to use our site and to view, download for caching purposes only, and print pages from our site for your own personal use.

Your Content

User Content means material (including without limitation text, images, clips, videos, comments, posts and any underlying material) uploaded, shared or submitted to our site by any user.

Whenever you upload User Content to our site, or to make contact with other users of our site, you must comply with the Rules of Acceptable Use, set out below. You warrant that any such contribution does comply with those rules and standards, and you indemnify us for any breach of that warranty.

You shall remain the owner of the copyright in any original User Content that you upload, share or submit using our site. The permission you grant to us below is not exclusive. You may continue to use your own User Content in any way, including allowing others to use or exploit it, provided that such use does not interfere with or impair the rights you have granted to us in these Terms of Use.

With respect to User Content that you upload, share or submit to our site, you grant us the royalty‐free, perpetual, irrevocable, non‐exclusive and fully sub‐licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content worldwide and/or to incorporate it in other works in any form or media (whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio) and you acknowledge that your User Content may be made available with advertising and/or sponsorship.

You agree to waive any moral or similar rights in any jurisdiction that you may have in and to any of the User Content you upload, share or submit, even if the User Content is modified, altered or changed in a way which is not agreeable to you.

When you upload, share or submit User Content using our site you may be making your User Content available to the general public. Please do not upload your User Content if you do not want it to be available to the general public.

You warrant to us that:

  • the User Content your upload, share or submit is your own original work and you own the entire right, title and interest in and to the User Content and/or you have all necessary licences, rights, consents and permissions to use, and to authorise us to use the User Content in the manner contemplated by these Terms of Use;
  • no further payments, monies, fees or royalties are or shall become due to any third parties relating to, arising out of, or in connection with our exploitation of your User Content in the manner contemplated by these Terms of Use;
  • any User Content you upload, share or submit using our site complies with the Rules of Acceptable Use set out below; and
  • Your User Content (in whole or in part) does not defame third parties or infringe upon the copyright or other intellectual property rights, or rights of privacy of any third parties.

Rules of Acceptable Use

Comments, message boards, personal profiles and any discussion forums or pages of our site where you are capable of posting material (including User Content) are provided for your private and non‐commercial use and for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of our site that is inconsistent with those stated purposes is strictly prohibited.

Your use of these forums and our site generally is subject to the following rules which, by your use of the forums and the website, you are deemed to accept (and which amount to a non‐exhaustive list of prohibited acts):

You must not:

  • use obscene or offensive language or post obscene or offensive User Content;
  • upload, share or submit any User Content which is defamatory, abusive, discriminatory or hateful or which applauds, encourages or entices abuse, discrimination or hate;
  • use our site for any illegal or unlawful purpose. You must comply with these Terms of Use at all times and with all applicable laws and regulations;
  • upload, share or submit any User Content on our site which has been disclosed to you in confidence or which, by its nature, is confidential;
  • upload, share or submit any User Content on the website (including contact details, last names, telephone numbers, street addresses or other identifying information of private individuals or public figures) which compromises the privacy or security of anyone other than yourself;
  • upload, share or submit any User Content which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful;
  • upload, share or submit User Content belonging to any person (or any material where the rights belong to any person) other than yourself without the prior written consent of the owner of it;
  • upload, share or submit User Content where the use by Wintec Saddles, or any third party licensed or permitted by Wintec Saddles, will give rise to any third party claims;
  • directly or indirectly suggest any endorsement or approval by Wintec Saddles of a product, service, content or any belief or opinion expressed within a product or service;
  • place any links on our site where those links take users to unlawful material or material that otherwise contravenes these Rules of Acceptable Use;
  • place on our site advertisements nor make commercial solicitations nor use our site for any commercial purposes (which would include using our site to promote or encourage the sale of your goods/services);
  • register or attempt to register as a member of our site unless you are at least 13 years old.
  • use our site to solicit information from anyone under the age of 18;
  • impersonate another person or create a false or misleading identity for the purpose of misleading others as to your identity, or to collect information about other users;
  • upload, share or submit User Content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
  • alter, adapt, modify, copy or create a derivative work from the Content; or
  • upload, share or submit any User Content that authorises, enables or encourages the dissemination of junk mail or chain letters.

Wintec Saddles accepts no responsibility for any statements, material (including User Content) or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of these Rules of Acceptable Use.

We reserve the right to edit or remove any material and User Content uploaded, shared or submitted using our site, for any reason whatsoever.

Notwithstanding our rights under these Terms of Use in relation to User Content, we do not undertake to monitor the submission or publication of User Content or users’ use of our site.

Competitions

Competitions and other promotions are subject to additional terms. Please view the general terms and conditions which apply to all of our competitions and which specifically form part of these Terms of Use. These general terms and conditions may be varied or supplemented by terms specific to each particular competition or promotion. Any specific terms will be brought to your attention when appropriate and prior to you submitting your entry.

Your Personal Data

When registering as a member of our site or interacting with other services offered by us via our site it may be necessary for you to provide some personal information to us. We will keep your personal information secure and will use it only in accordance with our Privacy Policy. All personal information held by us will be held in accordance with the terms of applicable data protection laws.

Please note, when you register with one of our Partners to use certain community features on our site, your Personal Data is submitted to the relevant Partner, not to us.

Linking to Our Website

We welcome ‘hot links’ and deep‐links to our site, by which we mean that you may include a link to any page of our site on other websites, provided that you do not use such link in any way which would imply partnership, affiliation, endorsement or sponsorship of any service or product or which may bring us or the other brands in our group into disrepute. You may not display the Content or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent. If you would like to license our material, please email info@batesaustralia.com.au

Third Party Links

Our site may contain hyperlinks to websites and resources owned and operated by third parties. These third party websites and resources have their own terms of use and privacy policies which you will need to comply with. We have no control over third party websites or resources and we are not responsible for the availability of such websites and resources. We do not accept any responsibility or liability for any third party websites and resources and your access and use of such services and content is at your own risk.

Third party links do not imply that Wintec Saddles endorses, is affiliated or associated with any linked website, or is legally authorised to use any intellectual property accessible through such links.

Termination and Suspension

We reserve the right to modify, suspend or discontinue any service offered by us or any part of it (including the availability of any features of or pages on our site) at any time and without notice or liability to you.

We shall continue to have the right to use your User Content in accordance with the licence granted to us under these Terms of Use.

Disclaimer

You use our site and the services offered by us at you own risk. Our site, the Content, the User Content and other services offered by us are provided ‘as is’ and on an ‘as available’ basis. The content and information displayed on our site is provided without any warranties as to its completeness or accuracy.

We do not guarantee that our site, the Content, the User Content or any services offered by us will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions.

To the fullest extent permitted by law, Wintec Saddles (including its officers, employees and agents) expressly excludes conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability incurred by any user of our site, including, without limitation, any liability for:

  • loss of revenue, income, profits, contracts, business, goodwill, anticipated savings, reputation, data or information;
  • wasted management or office time; and
  • any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.

Nothing in these Terms of Use excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) the tort of deceit; or (c) any other liability which cannot be excluded or limited under applicable law.

Indemnity

You agree to indemnify us and keep us fully and effectively indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of our site, the Content, the User Content or any services offered by us, or arising from any breach or suspected breach of these Terms of Use by you or your violation of any law or third party rights.

Variation

We reserve the right to vary these Terms of Use from time to time. Such variations become effective immediately upon the posting of the varied Terms of Use on our site. By continuing to use our site you will be deemed to accept such variations.

Please check our site regularly to ensure you are familiar with the current version of the Terms of Use and Privacy Policy. If you do not accept any of the modifications, revisions or amendments to these Terms of Use, you should stop using our site and the services offered by us immediately.

Severability

If any term of these Terms of Use is held to be invalid or unenforceable, the remainder of these Terms of Use shall remain valid and enforceable.

Exclusion Of Third Party Rights

These Terms of Use are not intended to benefit or be enforceable by any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms of Use.

Entire Agreement

These Terms of Use, together with our Privacy Policy, Competition Terms and any Additional Terms, constitute the entire agreement between you and us in relation to your use of our site and supersede all previous agreements in respect of such use.

Law And Jurisdiction

These Terms of Use will be governed by Australian law, and any disputes will be subject to the exclusive jurisdiction of the Australian courts.

Questions Regarding These Terms Of Use

If you have comments or questions related to these Terms of Use please email info@batesaustralia.com.au and we will respond as promptly and as fully as we can.

Changes To The Terms Of Use

The Terms of Use will be amended from time‐to‐time. We may notify you by sending an email to your last known email address or writing to your last known postal address to direct you to the Terms of Use if the changes are material. Our despatch of a communication to you will, in any event, constitute notification.

Any changes will be effective immediately.

The Terms of Use were last revised in March 2015.