Conditions of Use

Wilkgard Technology Group Pty. Ltd. RF Specialist MarketPlace. e-Commerce Buyer Standards and Conditions of Use

These e-Commerce Buyer Standards and Conditions of Use and all other policies, standards or documents which are made available on the Website from time-to-time shall govern the way e-Commerce Buyers and Vendors interact. By accessing the Services and purchasing Products on the Wilkgard Technology Group RF Specialist MarketPlace, you agree to be bound by these e-Commerce Buyer Standards and Conditions of Use.

We reserve the right to vary these standards and conditions of use at any time. By continuing to use the Services you agree to be bound by any amended standards.

Wilkgard Technology Group Pty. Ltd. RF Specialist MarketPlace is a place for all consumers to discover a wide range of inspiring  brands and useful products and services from RF Specialist MarketPlace Vendors. The platform is a user-friendly and content-rich online shopping destination with products from Australian and international vendors and suppliers.

Definitions:

  • “Account” means an account registered by you on the Wilkgard Technology Group RF Specialist MarketPlace.
  • “ACL” means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 
  • Wilkgard Technology Group (also referred to herein as “we”, “us” or “our”) means Wilkgard Technology Group Pty Ltd (ACN 153 218 949).
  • “e-Commerce Buyer” (also referred to herein as “you” or “your”), means the person, jointly and severally if more than one, purchasing or inquiring about the Products from the Vendor.
  • “Content” means written, visual and audio content published on or made available through the Website.
  • “GST” means Goods and Services Tax (GST) as defined within the A New Tax System (Goods and Services Tax) Act 1999.
  • “Order” means a purchase order placed by the e-Commerce Buyer through the Wilkgard Technology Group RF Specialist MarketPlace for the purchase of Products and services provided by Vendors.
  • “Wilkgard Technology Group RF Specialist MarketPlace” means the online Wilkgard Website run by Wilkgard Technology Group that allows Vendors to promote and sell their Products and allows e-Commerce Buyers to browse and purchase Products from the Vendors.
  • “Product Information” means information regarding a Product on the Wilkgard Technology Group RF Specialist MarketPlace, which includes the description, picture, and price of the Product, posted by the Vendor.
  • “Products” means all goods, products and services listed for sale on the Website by all the Vendors and which are available for purchase by e-Commerce Buyers.
  • “Terms” means these terms and conditions.
  • “Website” or “the Wilkgard Website” means https://www.wilkgard.com.au/, all subpages, any associated websites operated by Wilkgard Technology Group, and any other websites on which these Terms appear.
  • “Vendor” means the person, jointly and severally if more than one, using the Wilkgard Technology Group RF Specialist MarketPlace to list and sell Products.

Note: Wilkgard Technology Group Pty. Ltd. is also a Vendor on the RF Specialist MarketPlace Website.

Application of Terms:

The Website Wilkgard Technology Group RF Specialist MarketPlace is owned and operated by Wilkgard Technology Group Pty Ltd.

Through the Website you can:

  1. create an Account with your name and contact details.
  2. use the Services and access content.
  3. purchase Products and services from Vendors on the Wilkgard Technology Group RF Specialist MarketPlace.
  • Wilkgard Technology Group may amend these Terms from time to time without notice. Any amendment will be effective immediately upon being posted on the Website. Your continued use of the Website and the Services after any amendment becomes effective will constitute your agreement to be bound by these Terms, as amended.
  • Wilkgard Technology Group reserves the right to vary, modify or discontinue any of the Services or Content available via the Website, at any time, without notice and without liability.

Registration:

  • You will be required to create an account with us to use our Services. You will be required to provide certain information when creating your Account (“Account Information”). The Account Information will include your contact details (including name, email address and phone number), payment details, and your address and postcode.
  • We expect all Account Information you enter is accurate, complete, current, and not misleading. Failure to do so will constitute a breach of these Terms, which may result in immediate termination of your Account.
  • Upon registration, you will create a login and password. You are responsible for maintaining the confidentiality and security of your login and password details. You are responsible for any and all activity that occurs under your login and password.
  • Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we always strive to protect your Account Information, we do not warrant and cannot ensure the security of any information provided by you which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your Account Information, we will take reasonable steps to preserve the security of such information.

e-Commerce Buyer Expectations:

At Wilkgard Technology Group Pty. Ltd., we place a premium on the experience of both our Vendors and e-Commerce Buyers and want all our users to know that they can expect excellent service and quality interactions when on the Website.

By incorporating standards that all of our e-Commerce Buyers are expected to comply with, it gives our Vendors a certain level of assurance and confidence when selling their Products on the Website and sets reasonable expectations that all of our e-Commerce Buyers can understand and follow.

For this reason, we ask all e-Commerce Buyers to be familiar with and uphold the e-Commerce Buyer Standards and Conditions of Use outlined in this document.

e-Commerce Buyer Standards and Conditions of Use:

All e-Commerce Buyers are expected to meet and maintain certain standards including, but not limited to:

  • providing honest and accurate information about themselves when required.
  • providing honest and accurate payment information when required.
  • leaving honest and accurate reviews on Vendor Products and Services.
  • only communicating with Vendors in appropriate circumstances, such as inquiring about Products listed on the Website and seeking further clarification on Product Information.
  • Failure to comply with any of the e-Commerce Buyer Standards constitutes a breach of our Terms and understandably may result in the immediate suspension or termination of your right to access the Website, and our products and Services.

e-Commerce Buyer/Vendor Relationship:

The Website provides a platform for e-Commerce Buyers to browse and acquire certain Products and Services from Vendors. It is important to note that when you are purchasing a Product from one of the independent Vendors on the website , you are purchasing it from them and not from Wilkgard Technology Group itself. Only the Wilkgard Technology Group products listed on the Website are purchased directly from us. Our Vendors, who display and sell their products and services on the Website are thoroughly vetted and chosen by us, because they provide exceptional quality products and provide best services to their customers.

Purchasing Products and Services from the Website:

When you buy a Product from the Website, you’re directly supporting an independent business, each with its unique listings, policies, processing times, and payment systems. By making a purchase from a Vendor on the Website, you agree that you have:

  • Read the Product Information carefully before making a purchase.
  • Submitted appropriate and correct payment for item(s) purchased.
  • Provided accurate contact and delivery information to the Vendor.
  • When purchasing a Product, you may be asked to supply certain information relevant to your Order including, without limitation, your credit or debit card number, expiration date of your credit or debit card, credit or debit card security number, your billing address, and your shipping information. By submitting such information, you grant us the right to provide the information to third parties for the purposes of facilitating the completion of the Order.
  • The Website is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any Product. We strongly advise you to exercise caution and undertake your own due diligence in conducting any transactions through the Website. You can use the contact details of any of the Vendors to get more information about any of the products you wish to purchase.
  • When you place an Order for Products from the Website, you are bound by that decision and are required to pay the relevant purchase price to the Vendor (unless otherwise specified by the Vendor). A failure to pay is a clear breach of these standards.
  • Making unreasonable demands of a Vendor constitutes a breach of these standards. As an e-Commerce Buyer, you are subject to the express Conditions of Use the Vendor has outlined in their Product Information. Demanding the Vendor to change the way they process payment, deliver the Products, or to significantly change the purchase price is not acceptable.
  • You must not contact a Vendor for the purpose of requesting or persuading the Vendor to enter into a transaction outside of the Website.
  • All Products should be purchased through the Wilkgard Technology Group RF Specialist MarketPlace. If Products are purchased outside of the Website, the Buyer will not be afforded the protections offered by Wilkgard Technology Group when using Website. Wilkgard Technology Group will not be liable for any losses incurred by the Buyer when the relevant Products are purchased outside of the Website.

Payment and Delivery of Products:

  • For each Order, the Buyer will pay, via an accepted payment method, the applicable price for the relevant Products, including any relevant taxes and GST, confirmed by the Vendor and a delivery and handling fee as set and calculated by the Vendor.
  • If payment is made via a third-party payment system, you must abide by any terms and conditions applicable to that payment system.
  • We are not responsible for the shipping or delivery of any Product, except Wilkgard Technology Group products. It is your responsibility to make contact with the other Vendors from whom you have purchased the product regarding delivery.

Cancellations and Refunds:

  • Wilkgard Technology Group reserves the right to refuse or cancel any Order at any time for any reason including but not limited to:
  • Product unavailability.
  • Errors in the Product Information.
  • Errors in your Order; or
  • If fraud or an unauthorized transaction is suspected.
  • If you wish to cancel an Order, it is your responsibility to make contact with the Vendor from whom you have made the purchase. Each Vendor may have their own cancellation and/or refund policies which will be clearly defined and stated on all Product descriptions.
  • If a Product you have ordered is defective, does not comply with the specifications contained in the Product Information, or is not delivered to you, you may be entitled to a refund. Please review the relevant Vendor’s refund policy. We suggest that you reach out to them, as most Vendors will be more than happy to help you to ensure that you are happy with your order. If the issue persists, you may contact Wilkgard Technology Group to assist you. While we don’t guarantee or promise any resolutions or refunds, we will use our best endeavours to assist you in resolving the issue.

Vendor Ratings and Reviews:

As an e-Commerce Buyer, you are able to review Vendor Products and Services. When providing a review for a Product, you warrant that:

  • you have purchased and used the Product.
  • the content of the review is honest and accurate; and
  • you have not falsified the review so as to damage the reputation of the Vendor who provided the Product.
  • Under no circumstances may an e-Commerce Buyer participate in any coordinated activity to artificially boost Vendor ratings or adopt the process of ‘shilling’ – i.e., creating fake accounts in order to leave positive reviews or ratings for a Vendor (in turn making the Products look more desirable). Shilling is dishonest, sneaky and a clear breach of these standards.
  • You also cannot threaten to leave a Vendor negative feedback if that Vendor won’t do something that wasn’t provided for in the Product Information.
  • In the interests of honesty, no Vendor may delete or manipulate any negative review that an e-Commerce Buyer has left regarding their Product (provided the review was itself fair and accurate). They may, however, leave a response to any negative feedback addressing the issue at hand.
  • If a Vendor does not agree with any review you have left on their Product, they may communicate with you in an amicable and friendly manner to address the issue. If the issue is resolved, the Vendor may ask you to clarify (but not remove) the review and highlight how their issue has been resolved. Or the Vendor may respond to the review highlighting how the issue was resolved.
  • You agree not to post any review that contains any unlawful, threatening, abusive, defamatory, obscene, illegal or infringing material.
  • We have the right, but not the obligation, to review, edit, or delete any review or feedback that we deem is offensive, inappropriate, unfair, or false.

e-Commerce Buyer Complaints & Queries:

  • If any legitimate dispute or issue arises in regard to the purchase of Products from the Website, we ask that you attempt to come to an amicable resolution with the Vendor in a polite and reasonable manner – often it is just a misunderstanding. If a dispute is escalated to the Wilkgard Technology Group Pty. Ltd. team because the disputing parties cannot come to an understanding or agreement regarding the issue, we may try and help you resolve your issue with a particular Vendor, but we will not be responsible for resolving any such disputes. If we agree to assist you in resolving the dispute, you agree to cooperate with us in investigating and resolving the dispute, and you agree that any determination we make will be binding on you and that you will comply with the outcome of our determination.
  • You agree to release Wilkgard Technology Group Pty. Ltd. from any claims, demands, and damages in connection with the dispute, or our role in resolving the dispute.
  • Making frivolous or unnecessary complaints in relation to a Vendor is a breach of these standards. Any complaints made must be serious and based on valid and sufficient grounds.

Privacy and Confidentiality:

Privacy is of the utmost importance to Wilkgard Technology Group Pty. Ltd. As an e-Commerce Buyer on the Website, you will adhere to certain privacy standards in line with our privacy policy including:

  • Any personal information that you receive in the course of purchasing Products or otherwise using the Website must be collected and processed in accordance with all applicable privacy laws.
  • You must not do anything that would result in Wilkgard Technology Group Pty. Ltd. being in breach of the privacy policy or privacy laws; and
  • Any personal information sent to you by Wilkgard Technology Group Pty. Ltd. or a Vendor for the purpose of placing an Order or contacting a Vendor about a Product must only be used for the purpose for which it was given.
  • We may collect, use, store, process, and disclose any personal information that you provide to us or enter into the Website. We will only use your personal information for the purpose for which it was provided to us, to provide the Services to you, or for a related secondary purpose that could be reasonably expected.
  • You agree to indemnify Wilkgard Technology Group against any claims made against Wilkgard Technology Group in relation to a breach of privacy laws or otherwise in relation to your processing of personal information, unless and to the extent that Wilkgard Technology Group is also liable, either by law or in accordance with our privacy policy.
  • Wilkgard Technology Group and the e-Commerce Buyer agrees that any confidential information received from, or in relation to, the other party, will be held confidentially and must only be used for the sole purpose for which the information was disclosed.
  • You agree not to disclose, use, publish, sell, communicate or otherwise exploit any confidential information you receive from Wilkgard Technology Group or from a Vendor, unless you have the express written permission of the owner of the confidential information, or if required to do so by law.
  • You agree to delete, destroy or return (as requested) any confidential information provided to you when it is no longer required for the purpose for which it was given.
  • Please refer to our detailed Privacy Policy Document found at https://www.wilkgard.com.au/ for more information and detailed explanations.

Communications with Vendors and other users:

The Website allows you to communicate with Vendors and other users. At Wilkgard Technology Group Pty. Ltd. we want to create a welcoming and safe community for both Vendors and e-Commerce Buyers.

Any inappropriate communications is not acceptable and is a breach of these standards. Inappropriate communications include:

  • harassing, vilifying, abusing or intimidating Vendors or other users.
  • sending spam or unnecessary comments to a Vendor or other users.
  • using profanity or any language that is unfriendly, unlawful, threatening, abusive, defamatory, racist, sexist, homophobic, anti-religion, or disrespectful.
  • threats of violence against others or the promotion or encouragement of others to engage in violence or other illegal activity; and
  • any comments made for the purpose of bringing a particular vendor’s reputation into unfair disrepute in an attempt to reduce their business.
  • You must not request contact details from a Vendor or attempt to contact a Vendor outside of the Website unless any such communication is directly related to an Order and the Vendor has consented to you contacting them directly. You must not communicate with Vendors and other users of the Website for any purpose other than discussing matters about their Products or Services.

Liability:

  • To the fullest extent permitted by law, and subject to the ACL, Wilkgard Technology Group, its directors, employees, agents, contractors, and related entities will not be liable to you for any indirect, incidental, special, or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with your use of the Website, the products on it, the Services or the Content.
  • In addition to the above, to the fullest extent permitted by law, Wilkgard Technology Group, its directors, employees, agents, contractors, and related entities will not be liable to you in any way, directly or indirectly, in connection with any claim, loss or liability relating to Products purchased through the Wilkgard Website, including for defective items, misrepresentations by Vendors, or items that may be the subject of product liability claims.
  • Notwithstanding the above, nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.
  • If the ACL applies to your use or purchase of services or goods, the services or goods may come with guarantees that cannot be excluded under the ACL. For major failures with the service, you are entitled:
  1. to cancel your service contract with us; and
  2. to a refund for the unused portion, or to compensation for its reduced value.
  • You are also entitled to choose a refund or replacement for major failures with goods that you purchase directly from us. If a failure with the goods or services does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Indemnity:

You agree to indemnify and hold harmless Wilkgard Technology Group, its directors, employees, agents, contractors, and related entities (“The Indemnified”) in respect of any loss, damage, injury, or expense (including legal fees on a full indemnity basis) in connection with any third-party claim made against The Indemnified in connection with:

  1. any breach of these Terms by you.
  2. your use of the Wilkgard Technology Group RF Specialist MarketPlace, the Content, and the Services.
  3. a breach of any applicable laws by you.
  4. your breach of any third party’s rights (including but not limited to intellectual property rights),
  5. except to the extent the loss is caused by the negligence, or a wilful act or omission, of The Indemnified.

Intellectual Property:

  • Unless otherwise stated, Wilkgard Technology Group owns the intellectual property rights to all Content on the Wilkgard Technology Group RF Specialist MarketPlace and Website, excluding any Content created or uploaded by a Vendor.
  • All trademarks, trade names, and copyrightable material that appear on the Wilkgard Website are proprietary to Wilkgard Technology Group and/or its affiliates. The use of these trademarks, names, or materials without our consent will infringe on our intellectual property rights.
  • Nothing on the Wilkgard Technology Website or in these Terms should be interpreted as granting any rights to use or distribute any names, logos, content or trademarks of Wilkgard Technology Group unless express written consent is provided by us.

Termination:

  • We may suspend or terminate your Account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
  • We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. If applicable law requires us to provide notice of termination or cancellation, we will give prior or subsequent notice to you.

General:

  • The laws of the state of Victoria, Australia govern these Terms and the parties agree to submit to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and all other courts entitled to hear appeals from those courts.
  • The failure by either party to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these Terms shall be invalid, void, illegal, or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.
  • We may license, subcontract and/or assign all or any part of our rights and/or obligations under these Terms without your consent. You cannot license, subcontract, or assign your rights without our written approval.

Disclaimer:

  • We provide the Wilkgard Technology Group RF Specialist MarketPlace, the Products and Services, and all Content accessible on an ‘as is’ basis and use of the Wilkgard Website is at your own risk. We provide no representation or warranty as to the accuracy, completeness, currency, or reliability of the Content or any other information relating to the Products or Services contained on the Wilkgard Website.
  • You acknowledge that Wilkgard Technology Group does not manufacture, store, inspect or sell any of the Products sold on the Wilkgard Technology Group RF Specialist MarketPlace from our Vendors and is not responsible for examining or evaluating the Products or the accuracy of the Product Information.
  • Wilkgard Technology Group is in no way responsible for the sale or purchase of the Products on the Wilkgard Website, and to the extent permitted by law, you agree to release Wilkgard Technology Group in relation to any claims or liability that may arise in connection with the sale or purchase of the Products.
  • We do not warrant or represent that the Product Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
  • The use of the Wilkgard Website, the Products and Services, and the Content is entirely at your own risk. Changes are periodically made and may be made at any time. You agree to release us and waive all claims you may have arising in relation to your use of the Wilkgard Technology Website, or your purchase of the Products on the Website, to the extent permitted by law.
  • We do not warrant that your access to the Wilkgard Website and use of the Services will be uninterrupted or that the Website won’t have some technical glitches, that any defects will be corrected, or that this Website and its servers are free of computer viruses and other harmful data, code, components or other material.
  • We expressly disclaim any warranties of title, non-infringement, merchantability, and fitness for a particular purpose as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
  • You acknowledge and agree that from time to time we may need to suspend access to all or a part of the Wilkgard Website, Services or Content while we fix defects and errors, install updates and undertake general diagnosis and maintenance of the server systems or undertake emergency maintenance, and that as a result of which these applications may be less accessible or unavailable to you from time to time.

VENDOR WARRANTY TERMS AND CONDITIONS AND RETURNS POLICY FOR PRODUCTS AND SERVICES FROM WILKGARD TECHNOLOGY GROUP PTY. LTD.

  1. All Wilkgard Technology Group Products featured on the Wilkgard Website have a Manufacturer’s Warranty against labor and faulty materials, valid from the date of purchase, unless otherwise specified on the individual product description. The Product Description will specify the conditions of the Warranty. Proof of purchase is always required.
  2. Some of our products have additional Warranty conditions for Returns. These conditions can be found on the Wilkgard Website under that product’s description.
  3. Should any of our products have to be returned to Wilkgard Technology Group Pty Ltd for service, repair or replacement, all freight and insurance charges to and from us must be pre-paid by the Owner. This applies even if the product is under Warranty. The Owner must also enclose proof of purchase and a brief note indicating the defect or faulty operation of the unit.
  4. This warranty does not cover any product which has been subjected to misuse, abuse, neglect, accidental damage, improper voltage, or any alteration or modification which affects the reliability or performance of the unit, not attributable to faulty manufacture, parts or labor.
  5. This warranty does not provide free labor service rendered in circumstances where the defective condition resulted from the Owner not using the product as per instructions, contained in the Instruction Manual or from using defective or inadequate power supply or not installing the unit using recommended installation guides.

ADDITIONAL RETURNS CONDITIONS FOR WILKGARD TECHNOLOGY GROUP TRADE CUSTOMERS ONLY

All warranty claims of short delivery or missing parts must be allocated against a specific shipment and date and must be in writing within 21 days of receiving the goods. This does not include missing parts or faulty parts which are in enclosed kits that are not opened until use, such as a Cable and Connection Kit. Those are treated as a single item for warranty purposes.

Contact:

If you have any questions, comments or concerns, you may contact us on the following contact email: admin@wilkgard.com.au.