These terms and conditions of use (Terms of Use) apply to the web sites www.wengfuaustralia.com and www.fertbook.com and all associated sites linked to either of these sites by Wengfu Australia Pty Ltd (WFA) and its related entities (collectively, the Site). The Site is the property of Wengfu Australia Pty Ltd (WFA).

By using the Site, you agree to these Terms of Use (including as changed from time to time).  If you do not agree, do not use the Site.

If you use the Site to do business with WFA, including buying goods or services from WFA, you agree these Terms of Use incorporate WFA’s conditions of credit and trade.

WFA reserves the right to change the Terms of Use at any time. Please check the Terms of Use periodically for changes.

If you comply with the Terms of Use, WFA grants you a personal, non-exclusive, non-transferable, limited right to use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (Content), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of Content, on the Site is owned, controlled or licensed by or to WFA, and is protected by law including intellectual property laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without WFA’s express prior written consent.

You may use information about WFA’s products and services (such as product brochures, data sheets, knowledge base articles, and similar materials) purposely made available by WFA for downloading from the Site, provided that you do not:

1. remove any notice of proprietary interest or right in all copies of such documents;
2. copy or post such information on any networked computer or broadcast it in any media;
3. modify any such information; and
4. make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not do anything, including using any device, program, algorithm or methodology, to:

1. acquire, copy or monitor any portion of the Site or any Content;
2. in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content;
3. to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

You may not attempt to gain unauthorised access to any part or feature of the Site, or any other systems or networks connected to the Site or to any WFA server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of WFA, including any WFA account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree not to:

1. do anything that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or WFA’s systems or networks, or any systems or networks connected to the Site or to WFA;
2. use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site;
3. do anything to disguise the origin of any message or transmission you send to WFA on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity;
4. use the Site or any Content for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any unlawful or illegal activity.

Commercial Transactions and Other Terms and Conditions

Additional terms and conditions may apply to the sale and purchase of goods or services and to specific parts or features of the Site, all of which terms are made a part of these Terms of Use by this reference.

You agree to such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms prevail.

WFA’s obligations, if any, regarding its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

WFA may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and WFA makes no commitment to update the materials on the Site with respect to such products and services.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference.

Each of these terms may be changed from time to time and are effective immediately upon posting such changes on the Site.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a WFA identification and password unique to you). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activity that occurs under your account (including because of your failure to keep this information secure and confidential).

You agree to notify WFA immediately of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by WFA or any other user of or visitor to the Site due to someone else using your WFA ID, password or account caused by you failing to keep your account information secure and confidential.

You may not use anyone else’s WFA ID, password or account at any time without the express permission and consent of the holder of that WFA ID, password or account. WFA disclaims all liability for any loss or damage arising from your failure to comply with these obligations.

Privacy

WFA’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view WFA’s Privacy Policy, click here.  By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Links to Other Sites and to the WFA Site

This Site may contain links to other independent third-party Web sites (Linked Sites). Linked Sites are not under WFA’s control, and WFA is not responsible for and does not endorse the content of Linked Sites, including any information or materials contained on Linked Sites. You need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

WFA does not promise the Site or any Content, service or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Site and Content are delivered on an "as-is" and "as-available" basis.

All information provided on the Site is subject to change without notice. WFA cannot ensure that any files or other data you download from the Site will be free of viruses or contamination or destructive features.

WFA disclaims to the maximum extent permitted by law:

1. all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose;
2. any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and/or any WFA services.

You are entirely responsibility for your use of the Site and any Linked Sites. Your sole remedy against WFA relating to your use of the Site or Content is to stop using the Site or Content. This limitation of relief is a part of the bargain between the parties.

These disclaimers apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication infrastructure failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

WFA reserves the right to do any of the following, at any time, without notice:

1. to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;
2. to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and
3. to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will WFA be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if WFA has been advised of the possibility of such damages.

If, notwithstanding the other provisions of the Terms of Use, WFA is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, WFA’s liability is limited to the lesser of:

1. replacing the product the subject of the damage or loss, or the cost of replacing the product the subject of the damage or loss;
2. re-supplying the service the subject of the damage or loss, or payment the cost of supply the service.

Indemnity

You agree to indemnify and hold WFA, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, related entities, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against WFA by any third party due to or arising out of or in connection with your use of the Site.

Breach of Terms of Use

WFA may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary because of any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) WFA’s rights or property, or the rights or property of visitors to or users of the Site, including WFA’s customers.

WFA reserves the right to disclose any information that WFA deems necessary to comply with any applicable law, regulation, legal process or governmental request. WFA also may disclose your information when WFA determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.

You acknowledge and agree that WFA may preserve any transmission or communication by you with WFA through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or WFA determines that such preservation or disclosure is reasonably necessary to:

1. comply with legal process;
2. enforce these Terms of Use;
3. respond to claims that any such data violates the rights of others; or
4. protect the rights, property or personal safety of WFA, its employees, users of or visitors to the Site, and the public.

You agree that WFA may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have breached these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any breach by you of these Terms of Use may cause irreparable harm to WFA, for which monetary damages may be inadequate, and you consent to WFA obtaining any injunctive or equitable relief that WFA deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies WFA may have at law or in equity.

You agree that WFA may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to):

1. requests by law enforcement or other government agencies;
2. a request by you (self-initiated account deletions);
3. discontinuance or material modification of the Site or any service offered on or through the Site; or
4. unexpected technical issues or problems.

If WFA does take any legal action against you as a result of your breach of these Terms of Use, WFA will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to WFA. You agree that WFA will not be liable to you or to any third party for termination of your access to the Site because of any breach of these Terms of Use.

Dispute Resolution and Governing Law

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Victoria.  You also agree to waive any objection to such jurisdiction or venue.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under separate terms and conditions for the purchase of goods and/or services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and legal fees.

In the event of any controversy or dispute between WFA and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and WFA regarding your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and WFA about such use are hereby superseded and cancelled.

Other than as provided in a sale and purchase agreement you enter into with WFA, WFA will not accept any counter-offers to these Terms of Use, and all such offers are hereby rejected. WFA’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by WFA of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between WFA and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. WFA shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice. Copyright © 2018 Wengfu Australia Pty Ltd. All rights reserved.