You are about to gain access to various on-line services that Caltex Australia Petroleum Pty Ltd ("Caltex Australia") provides to users, including on-line ordering services and personalised account information (collectively, the "Services").
These Services are provided upon the terms and conditions set out below (as amended from time to time) ("Terms and Conditions"). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, or any new services, shall be included in the definition of "Services", and shall also be subject to the Terms and Conditions.
By checking the "I have read and agree to the Terms and Conditions" check box, you are deemed to have accepted these Terms and Conditions.
Please note that these Terms and Conditions are subject to change from time to time. Any such amendments shall become effective upon publication on this web site.
1.1 In these Terms and Conditions:
"Access Codes" means the user name and password that Caltex Australia provides to you from time to time to access the Services.
"Caltex Administration System" means the computerised stock control, administration and accounting system used by Caltex Australia to record and report on transactions made through the Services.
"Existing Agreement" is defined in clause 3.1.
2. Access Codes
2.1 You must use the Access Codes to access the Services.
2.2 You must keep secure and protect your Access Codes, and must not disclose your Access Codes to any unauthorised person.
2.3 You are fully responsible for all activities that occur under your Access Codes.
2.4 You must immediately notify Caltex Australia if you become aware of any unauthorised use of your Access Codes, or any loss or theft of any record of your Access Codes, or if you suspect that any of your Access Codes have become known to any unauthorised person. Upon being so notified, Caltex Australia may, at its absolute discretion, revoke your password and issue a new password to you.
3. Provision of Services
3.1 Any order for a product or service placed by you through a Service is an offer by you to purchase that particular product or service for the price specified in this web site at the time you place the order or the price set out in any relevant existing agreement, arrangement or understanding between you and Caltex Australia (or a related body corporate of Caltex Australia) ("Existing Agreement") (as the case may be). Subject to any term in any relevant Existing Agreement to the contrary, Caltex Australia reserves the right to accept or reject your order at its absolute discretion.
Your order is accepted when it is entered into the Caltex Administration System. Your contract with Caltex Australia to purchase that product or service only comes into existence when your order is so accepted. Such acceptance is usually accompanied by the display of a confirmatory message (which contains the relevant order number) on your browser. However, Caltex Australia shall not be liable to you in any way for your failure, for whatever reason, to receive such confirmatory message, and that, by itself, does not affect the formation of a binding agreement between you and Caltex Australia.
You may verify whether your order has been accepted, by reviewing your order history on this web site.
Any contract between you and Caltex Australia in respect of an order placed by you through the Services shall be governed by:
(a) these Terms and Conditions;
(c) the terms and conditions of any relevant Existing Agreement.
3.2 Subject to any term in any relevant Existing Agreement to the contrary, all delivery times given on this web site are indicative only. Caltex Australia shall not be liable to you in any way for any failure to observe those delivery times.
3.3 The price payable for any products ordered using the Service will be the price of those products at the time of delivery. Due to fluctuations in the price of the products between the time your order is placed and delivery, the price payable by you may differ to the price displayed on this web site at the time your order is placed. The prices displayed on this web site are GST inclusive and a Tax Invoice will be issued in respect of the products purchased by you.
3.5 Caltex Australia may, at its absolute discretion and without prior notice, modify or discontinue, temporarily or permanently, the Services (or any part thereof) at any time. Caltex Australia shall not be liable to you in any way for any such modification or discontinuation.
4. Limitation of Liability
4.1 Caltex Australia will take all reasonable steps to ensure that any information that it makes available to you through a Service (including, without limitation, your personalised account details) is correct and updated regularly at the intervals Caltex Australia specifies from time to time. Caltex Australia shall not be liable to you in any way for any inaccuracy, error or omission in that information because of any circumstance beyond Caltex Australia's reasonable control, including (without limitation) failure of any communications network, ancillary equipment or the Caltex Administration System.
4.2 You acknowledge that you use the Services at your own risk. The Services are provided on an "as is" and "as available" basis. To the extent permitted by applicable law, Caltex Australia makes no representation or warranty in respect of the provision of the Services. Without limitation, Caltex Australia makes no representation or warranty that:
(a) the Services will satisfy your requirements; or
(b) the Services will be uninterrupted, timely, secure or error free.
To the extent permitted by applicable law, Caltex Australia expressly disclaims all implied warranties and conditions, including (without limitation) implied warranties as to merchantability, fitness for purpose and non- infringement.
4.3 Caltex Australia shall not be liable to you in any way for:
(a) any failure of a Service to perform, in whole or in part, any function which Caltex Australia has specified it will perform;
(b) the unavailability of a Service to you, in whole or in part, for any reason; or
(c) any delay or error in the provision of a Service because of any circumstance beyond Caltex Australia's reasonable control, including (without limitation) failure of any communications network, ancillary equipment or the Caltex Administration System.
5. Intellectual Property
Caltex Australia owns the intellectual property rights (including copyright, designs, patents, trademarks and confidential information) in the material displayed on this website www.caltex.com.au unless otherwise stated. The material may only be used for the purpose that it was provided.
Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided below, you must not reproduce, adapt, distribute, store in a retrieval system, transmit, print, publish or commercialise or otherwise appropriate any part of any material on this web site, without the prior written consent of the copyright holder(s).
If you have any queries, you should contact us.
The material contained or accessed on this website contains confidential information belonging to Caltex. This information may only be used for the purpose it was provided and must not be disclosed to any third party without the prior written consent of Caltex.
7. Governing Law
7.1 These Terms and Conditions shall be governed by and construed in accordance with the laws in force in the State of New South Wales, Australia. You and Caltex Australia agree to submit to the exclusive jurisdiction of the courts of that State.