Legal Notices

Terms of Use of Website

ATTENTION: PLEASE READ ALL THESE PROVISIONS (COLLECTIVELY THE "TERMS") CAREFULLY BEFORE USING THIS WEBSITE (“Site”). USING THIS WEBSITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE OR DOWNLOAD MATERIALS FROM THIS SITE.


The Site and its Use

This website is operated by WernerCo and its parent, subsidiaries and affiliated companies (collectively "WernerCo") and offers general information about WernerCo, its products and services and other information of general interest. Access to and use of this Site are subject to the terms and conditions set forth in this notice, along with our Privacy Policy and all applicable laws and regulations (including laws and regulations governing copyrights and trademarks). You agree to be bound by these Terms when you use, browse or access any part of the Site.

Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice. It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Site. We may, from time to time, restrict access to certain features, content, or all or part of the Site. We cannot guarantee the continuous, uninterrupted or error-free operability of the Site.  There may be times when all of, or certain features, parts or content of, the Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you.  You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of any Site, or any features, parts or content of the Site.

You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable. Nor shall you post or transmit through the Site any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms, or which, without WernerCo’s prior written approval, contain advertising or any solicitation with respect to products or services. Any conduct by you that, in WernerCo’s opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted.

The Site contains information and materials, including but not limited to, text, software, photos, video, graphics and audio, (collectively "Materials") which are derived in whole or in part from information and materials supplied by WernerCo and other sources, and are protected by copyright, trademark and other laws and the entire content of the Site is copyrighted as a collective work under the United States Copyright Laws and any other applicable international laws. WernerCo owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials and by your use of the Site, you acknowledge that you do not acquire any license, ownership or other rights to the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of WernerCo’s or such other sources' copyright, trademark and other proprietary rights and may violate other laws. The use of any such Materials on any other website or networked computer or environment is prohibited without WernerCo’s express written consent. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Materials.

Disclaimer
NOTE: THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING BUT NOT LIMITED TO QUEBEC AND CANADA, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES IN THE CONTEXT OF CERTAIN CONSUMER TRANSACTIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. WERNERCO ALSO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THE SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.

WERNERCO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE (INCLUDING ANY BULLETIN BOARD AND CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. WERNERCO DOES NOT GUARANTEE THE DELIVERY OR SECURITY OF COMMUNICATIONS OVER THE INTERNET AS SUCH COMMUNICATIONS RELY ON THIRD PARTY SERVICE PROVIDERS, AND ELECTRONIC COMMUNICATION (INCLUDING ELECTRONIC MAIL) IS VULNERABLE TO INTERCEPTION BY THIRD PARTIES.

The information contained within the Site may contain inaccuracies and typographical and other errors. The information on these pages may be updated from time to time and may at times be out of date. Neither we nor any of our third-party providers of information guarantee the accuracy, completeness, or usefulness of any such information, nor its merchantability or fitness for any particular purpose.

Commentary and other materials appearing within the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

If you feel that any information appearing or posted on the Site is inaccurate, untrue or inappropriate or breaks any of the rules set out in these Terms, please let us know by contacting us through the Site.

Third-Party Sites
WernerCo may provide as a convenience to you, links to websites operated by other entities and persons, but makes no representations whatsoever about any other website which you may access through this one. Any link to a non-WernerCo website does not mean that WernerCo endorses or accepts any responsibility for the content, or the use of such website. If you use these sites, you do so at your own risk. WernerCo makes no warranty or representation regarding, and does not sponsor or endorse, any linked websites or the information or materials appearing thereon or any of products and services described thereon. Furthermore, links do not imply that WernerCo is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of WernerCo.

Third Party Content
Any opinions, statements, services, offers or other information or content expressed or made available in the Site by any third party are those of the respective author(s) or distributor(s) and not of WernerCo.

Limitation of Liability
NOTE: THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING BUT NOT LIMITED TO QUEBEC AND CANADA, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES IN THE CONTEXT OF CERTAIN CONSUMER TRANSACTIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms, your sole and exclusive remedy to the full extent permitted by law is to discontinue accessing and using the Site.

TO THE FULL EXTENT PERMITTED BY LAW, WERNERCO ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WERNERCO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WERNERCO SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

WernerCo’s obligations and responsibilities regarding its products and services are governed solely by WernerCo’s terms and conditions of sale or license under which such products and services are sold or licensed. Copies of such terms and conditions are available from the applicable WernerCo entity.

Information Provided by You
It has been and remains WernerCo’s policy not to accept or consider ideas, suggestions or materials other than those that WernerCo has specifically requested from you. Accordingly, WernerCo does not want you to, and you should not, send any confidential or proprietary information to WernerCo through the Site unless specifically requested by WernerCo. Please note that any unsolicited information or material sent to WernerCo will be deemed not to be confidential or proprietary. By submitting information and material to the Site, you automatically waive any and all moral rights therein and grant to WernerCo (or warrant that the owner of such information and material has expressly granted to WernerCo) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that WernerCo is free to use any ideas, concepts, know-how, or techniques that you send WernerCo for any purpose.

As further provided above, WernerCo does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials to WernerCo that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.

You shall not upload post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

Changes
WernerCo reserves the right, in its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Site and Materials. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, WernerCo is under no obligation to update Materials. WernerCo may also make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change WernerCo makes to the Site will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.

Linking to Site
Any person linking to WernerCo’s Site must comply with WernerCo’s guidelines for linking to WernerCo’s Site and all applicable laws.

International Users
The Site is administered by WernerCo from its offices in the United States. Materials published at the Site may refer to products, programs, or services that are not available in your country. Consult your local WernerCo business contact in this regard. Furthermore, WernerCo makes no representation that the Materials at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export information and materials in violation of the export laws of the United States or any other country. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws.

Governing Law
These Terms shall be governed by the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. In the event of litigation between the parties in respect of the Terms, the parties hereby submit themselves to the exclusive jurisdiction of the Commonwealth of Pennsylvania and that the outcome of such litigation shall be enforceable in any jurisdiction which recognizes decisions of that court.

These Terms constitute the entire agreement between WernerCo and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises.

Severability
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

Privacy Policy

Overview
This privacy policy explains how WernerCo and its parent, subsidiaries and affiliated companies (collectively “WernerCo”, “we” or “us”) collects and uses the personal information of our website visitors, suppliers and customers involved in a transaction or potential transaction with WernerCo. It also describes your rights in relation to your personal information, the cookies we may use on our Website and how you can contact us.  

How we collect personal information
We will collect and store your personal information when you interact with our website, when you contact us or, if you are a customer or supplier, when you correspond with us in relation to a transaction. For example, we will collect your personal information to respond to customer inquiries, process orders, register our products, update our databases or to allow you to collect specific account information. We will collect personal information in writing, by telephone, by e-mail, by online registrations and in person at promotional events.  We may receive information about you from a third party in which you have consented to such transfer and said third party has provided you a product or service and passed your information to us. Your information will be protected in accordance with this policy and you would only receive communications about our products and services if you consent to receive such information.

We may also ask you to voluntarily provide us with information for market research such as, your interests, demographics, the quality of our services, and experience with our products. Where you have given your express consent, we may make the email addresses of those who provide information available to other reputable organizations whose products or services we think you may find interesting. If you do not wish for us to share your contact details with such third parties, please do not tick the box providing consent on the form on which we collect your data. We will only contact you by electronic means (email or SMS) with information about goods and services similar to those which were the subject of a previous sale to you, where permitted by law.  If you are a new customer, we will contact you by electronic means only if you have consented to this, or as otherwise permitted by law. If you do not want us to use your data for marketing purposes, please tick the relevant box situated on the form on which we collect your data. You can also exercise your right to ask us not to process your data for marketing purposes at any time by contacting us using the contact details in the “Questions” section below. Please be aware that, even if you have opted out of receiving marketing communications from us, we may still contact you for transactional purposes such as providing updates on your transaction, customer service responses or recall notifications.

What personal information do we hold about you
Personal information means any information that relates to a person that enables them to be identified either directly or indirectly. Personal information that we hold about you may include:

  • your name;
  • home address;
  • email address
  • phone number;
  • IP address;
  • date of birth; and
  • location data.

If you are a customer or supplier, personal information that we hold about you may include the same information as listed above, along with your financial details, language, gender, date of birth and other related information. We may also process your function/job title within the company and your work email address and your company’s name, postal address, VAT and/or company number.

In order to improve the services or products we offer to customers, we may also obtain additional relevant personal information about you. This can be public information, e.g. official publications, or information which we obtain via third parties and that we use for the purposes mentioned in this privacy policy. For example, we may use such personal information to verify the accuracy of our personal information in our databases or to tailor our marketing services more accurately to you. Public information about you can consist of information published on the World Wide Web or personal information that you have made public (for example, on your social media profile.

We will take reasonable steps to ensure the personal information that we store is accurate, complete and up-to-date.

How do we use your personal information?
We will use your personal information, and may share your personal information with other parties acting on our behalf, for one or more of the following purposes:

  • to conduct research about the use of our website;
  • to assess and respond to an inquiry or complaint you might make;
  • for our own administrative purposes, including training our staff, conducting internal audits or transferring assets as part of a sale, purchase or investment in the business;
  • if you are a customer or a supplier, to carry out our contract with you;
  • for market research purposes;
  • to conduct investigations of suspicious or harmful activity; and
  • to comply with our regulatory and legal obligations.

Grounds for Processing
To process your data lawfully we need to rely on one or more valid legal grounds. The grounds we may rely upon include:

  • your consent to particular processing activities. For example, where you have consented to us using your information for marketing purposes;
  • ·our legitimate interests as a business (except where your interests or fundamental rights override these). For example, it is within our legitimate interests to use your data to prevent or detect fraud or abuses of our website;
  • ·our compliance with a legal obligation to which we are the subject. For example, we have a duty to investigate and respond to complaints made against us and may need to process your personal information as part of such investigation; or
  • if you are a customer or a supplier, because processing your personal data is necessary for the performance of a contract. Please note that in these circumstances your failure to provide us with your personal information may prevent us from being able to fulfill our contract with you. For example, if you do not provide us with your contact details when you purchase one of our products online then we will not be able to send it to you.

Sharing of your Personal Information
There are circumstances where we may wish to disclose or are compelled to disclose your personal data to third parties. This will only take place in accordance with the applicable law and for the purposes listed in this privacy policy. These scenarios include disclosure:

  • to our subsidiaries, branches or associated offices;
  • to our outsourced service providers or suppliers to facilitate the provision of our services, for example, the disclosure to our data center provider for the safe keeping of your personal data or to our distributor for the delivery of one of our products;
  • to third party service providers and consultants in order to protect the security or integrity of our business, including our databases and systems and for business continuity reasons;
  • to another legal entity, on a temporary or permanent basis, for the purposes of a joint venture, collaboration, financing, sale, merger, reorganization, change of legal form, dissolution or similar event. In the case of a merger or sale, your personal data will be permanently transferred to a successor company;
  • to legal advisors who may need to manage or litigate a claim;
  • to public authorities where we are required by law to do so; and
  • to any other third party where you have provided your consent.

Transferring personal information outside the EEA
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (‘EEA’).  In particular, your personal data may also be transferred throughout the WernerCo group of companies. In these circumstances we will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organization, contractual or other lawful means.  This includes us using EU Standard Contractual Clauses with the recipient or verifying that the recipient has implemented Binding Corporate Rules. Where personal data is transferred between the WernerCo entities we use an intragroup data transfer agreement.  To obtain a copy of the EEA safeguards we have put in place for the transfer of your personal data, please contact us using the contact details provided in the “Questions” section below.

Data Retention
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. To explain what this means in practice, by way of example, where you have consented to us using your information for marketing purposes, we will retain your information until we no longer think that your consent remains valid. If we don’t have any interaction with you for an extended period of time (i.e. you don’t click on our emails, write to us or purchase anything), we will assume that your consent has expired and we will securely delete your information.The retention of your personal information will be subject to periodic review and we will notify you if the retention period of your personal data changes.

Your Rights
Data protection law provides individuals with certain rights, including the right to: access, rectify, withdraw consent, erase, restrict, transport, and object to the processing of, their personal information.  Individuals also have the right to lodge a complaint with the relevant information protection authority if they believe that their personal information is not being processed in accordance with the law.  Further information about your rights is set out below:

  • Right to obtain a copy of your personal information. You have the right to obtain a copy of the personal information we hold about you. If you like would to obtain a copy of this information please contact us using the contact details in the “Questions” section below. You may be required to submit a proof of your identity and a reasonable fee. In certain circumstances, you may request that we provide an electronic copy of your personal data (“data portability”) where we process your personal data based on consent or the performance of a contract.
  • Right to rectification. You may request that we rectify any inaccurate and/or complete any incomplete personal information.If we disagree and believe the information to be accurate and complete, we will advise you and include a notation on the record that you dispute the information’s accuracy. Requests for corrections or supplements to all other personal information can be done; contact us using the contact details in the “Questions” section below.We will respond to your request to correct or supplement your personal information within a reasonable time period and, in any event, within any time period specified in relevant laws.
  • Right to withdraw consent. You may, as permitted by law, withdraw your consent to the processing of your personal information at any time. Such withdrawal will not affect the lawfulness of processing based on your previous consent. Please note that if you withdraw your consent, you may not be able to benefit from certain service features for which the processing of your personal information is essential.
  • Right to object to processing. You may, as permitted by law, request that we stop processing your personal information.
  • Right to erasure or restriction. You may request that we erase or restrict your personal information and we will comply, unless there is a lawful reason for not doing so.
  • Your right to lodge a complaint with the supervisory authority. We suggest that you contact us about any questions or if you have a complaint in relation to how we process your personal information. However, you do have the right to contact the relevant supervisory authority in the relevant country directly at any time.

Changes to this Privacy Policy
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

Cookies
Our website makes use of Cookies. Cookies are small data files that are stored on the hard disc of your computer or electronic communication device that you use when you browse our website. These data files allow information to be exchanged on the status between our website and the browser you are using. The “status information” that forms part of cookies can reveal session identifiers, means of authentication or your preferences as a user, as well as any other piece of data stored by the browser with respect to the website.

Cookies allow us to monitor user behavior on line. We use the information obtained by means of cookies to help us optimize the website configurations and thus improve your experience as a user (e.g. to identify which browser is being used). By means of cookies we can, for example, personalize our home page to your advantage so that our screens are deployed in the best way in accordance with your type of browser.

Like most websites, our servers record your IP address, the URL address from which you accessed the Site, browser type, the date and time you carry out the activities. We use this information to manage the system and optimize your use of the Site as well as to gather statistical data on how you were directed to our Site.

Your browser will accept the cookies and will allow the information to be automatically gathered unless you change the predetermined configuration of the browser. Most web browsers allow you to manage your cookie preferences. You can adjust your browser so that it rejects or deletes cookies. The following links show how to adjust the configuration of the most frequently used browsers:

* Internet Explorer
* Firefox
* Safari
* Chrome

If the website cookies are disabled, our Site may not load properly and, what is more, certain hyperlinks may not be enabled.

WernerCo has adopted security measures of a physical, organizational and technical type to protect your personal data against loss, or unauthorized use or access. We believe these measures are reasonable on the basis of the risk analysis we have conducted.

If you want us to restrict the way in which we spread or disseminate your personal data in any particular way, please contact us as permitted below.

Web Site Links
WernerCo's Site may contain links to other websites such as WernerCo distributors and sales representatives. While WernerCo tries to link only to sites that share its high standards and respect for privacy, WernerCo is not responsible for the content or the privacy practices employed by other sites, including without limitation, those sites to which WernerCo may provide links or the websites of its advertisers or customers.

Questions
If you have any questions about our privacy policy, the practices of this Site or your dealings with WernerCo please feel free to contact us at one the following:

USA
Werner Co.
93 Werner Road
Greenville, PA 16125
or Email

UK
WernerCo UK Sales & Distribution Ltd.
The Causeway
Maldon, Essex CM9 4LJ
or Email

Country Specific Provisions
Australia Specific Terms
The following additional Australian Consumer Law and Moral Rights terms apply to any access and use of the Site in Australia:

Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other applicable Australian law that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, the liability of WernerCo for a breach of a non-excludable guarantee referred to above is limited, at WernerCo’s option:

  • in the case of goods supplied or offered by WernerCo any one or more of the following:

          i. the replacement of the goods or the supply of equivalent goods;
          ii. the repair of the goods;
          iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
          iv. the payment of the cost of having the goods repaired; or

  • in the case of services supplied or offered by WernerCo:

          i. the supplying of the services again; or
          ii. the payment of the cost of having the services supplied again.

Moral Rights

Without limiting WernerCo’s other rights under these Terms, you consent to information or material submitted by you to the Site ("Your Content") being altered, edited or adapted by WernerCo for any reason. To the extent that you have any moral rights (pursuant to the Copyright Act 1968 (Cth)) in Your Content, by agreeing to these Terms, you provide an irrevocable and unconditional consent in favor of us, our successors, assignees, licensees and any other person authorized by any of them to use, modify or deal with Your Content (whether or not currently in existence) to: (a) perform, exhibit, reproduce, adapt and communicate any part of Your Content in any medium and anywhere in the world without attributing you or any other person as an author of or contributor to Your Content; (b) do any act or omission that would constitute a derogatory treatment of Your Content; (c) make any use of Your Content that may falsely attribute authorship of Your Content to another person; (d) delete or adapt or change any of Your Content in any way, including by addition to or subtraction from Your Content; or (e) combine or juxtapose Your Content with anything else.

The following Australian Privacy terms apply when any Personal Information is collected in Australia within the meaning of the Privacy Act 1988 (Cth):

Australian Privacy
Notwithstanding anything in the "Privacy" section of these Terms, any personal information submitted by you (whether personal information of you or another individual which you have the necessary consents to provide) to WernerCo is subject to and will be handled in accordance with WernerCo’s Privacy and Credit Reporting Policy. The Privacy and Credit Reporting Policy forms part of these Terms and can be provided upon request. You agree that, by using the Site or communicating with WernerCo you have read the Privacy and Credit Reporting Policy, understood its contents and consented to its requirements. You must not upload any personal information of another individual to the Site unless you first make them aware of WernerCo's Privacy and Credit Reporting Policy and have their consent to upload such personal information.

Canada Specific Terms
It is the express wish of the parties that these terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

Mexico Specific Terms
The following additional terms apply to any access and use of the Site in Mexico:

When you provide us with your Personal Data you are agreeing the way in which we obtain and treat your Personal Data in Mexico pursuant to this notice. Personal Data disclosed by you, and therefore subject to WernerCo’s treatments, may include in addition to the above: (i) your company, (ii) your phone number, (iii) email address and (iv) type of consultation.

WernerCo refrains from selling, leasing or renting your Personal Data. However, pursuant to the provisions of articles 36 and 37 of the Federal Law on the Protection of Personal Data Held by Private Parties and 68 of its Regulation (“Personal Data Law”), we may transfer your Personal Data without your consent as legally permitted.

Pursuant to the information stated in the above paragraphs, by continuing to use this Site, you consent to the transfer of your Personal Data. If you wish to opt out of such data, you may do by sending such notice to the address stated above or by contacting us here.

Third parties receiving your Personal Data from WernerCo will not be entitled to use such information in ways different from or not similar to those stated above. Transfers of Personal Data will be conducted with all the appropriate security measures as required by the Personal Data Law.

Such Personal Data will be treated according to the principles of legality, consent, information, quality, purpose, loyalty, proportionality and responsibility pursuant to the applicable legislation. The confidentiality of your Personal Data will be safeguarded establishing and keeping in an effective manner all security measures to avoid its damage, loss, modification, destruction, use, access or unappropriated disclosure.

If you provide us with your data over the Site, we will be able to obtain certain information relating to you as an Internet user through the use of technologies like cookies and web beacons. Through these technologies, this information comprises: browsing schedule, time spent browsing our website, sections consulted and web pages you visited before accessing our website.

WernerCo uses your personal data, to receive, attend to and handle any query, concern or contact request (including requests of the right to Access, Rectify, Cancel or Challenge).

Signing up for our informative and advertising services is totally voluntary. We do not need to forward adverts to you to maintain or preserve the legal relationship that we might have with you at a specific moment; so, you will always have the initial option not to sign up for our advertising systems; likewise, you will have at any moment the possibility of opting to discontinue receiving our commercial messages, offers and advertising. For this you will only need to select the option to "manage your subscription" and then to "unsubscribe" in any email notification sent to you by WernerCo (noting that the ability to do so will be included in each of the messages you receive from WernerCo).