TERMS AND CONDITIONS OF USE AND ACCESS: WEBSITE
This website and all the contents and images on this website are owned by Dragon Shield Smoke Alarms Pty Ltd ACN 126 519 607 (‘Owner’). The material, contents and images on the Website are copyright © 2012 to the Owner and other related copyright Owners.
The pages on this Website contains general information only about legislation, products and services available in Queensland, Australia. Information provided on the Website and any associated material is for personal education use only. Consumers are advised to check the individual legislation, product or service to determine its relevance and availability where you reside. The products and services referred to on this website and any associated media including the recommendations on this website do not take into account your individual circumstances.
The Website is available for you to access, conditional on your acceptance without limitation or alteration of the Terms and Conditions of Use and Access. You must not use this Website if you do not agree to be bound by these Terms and Conditions of Use and Access.
Except as otherwise expressly stated on this Website and to the full extent permitted by law, this Website and all information contained within it regarding or relating to the Owner and its related entities, products and services are provided on an “as available” basis without any representation or endorsement made
1. Except for the limited use set out these Terms and Conditions of Use and Access, you may not use the Website and the material and images contained on it, for any purpose, including, but not limited to the following:
(a) The reproduction of the material in any material form;
(b) The distribution of the material in any material form;
(c) Re-transmission of the material by any medium to any other website;
(d) “framing” the material on the Website with other material on any other website.
(e) You must not modify or copy:
- the layout of the Website; and
- any computer software and code contained in the Website.
- 2. The Owner reserves all intellectual property rights, including, but not limited to, copyright in material, images and / or services provided by it, vested in it or otherwise.
3. To the full extent permitted by law, the material provided on the Website is provided for personal use only and may not be:
(a) Re-sold and / or re-distributed in any material form;
(b) Stored in any storage media; and / or
(c) Re-transmitted in any media;
Without the prior written consent of the Owner.
Links to other Websites
4. The Website may contain links to other websites owned and operated by third parties and which are not under the control of the Owner. The Owner:
(a) Provides the links to other Websites as a convenience to you (in some cases the Owner may be paid for the Link).
(b) The existence of a link to other Websites does not imply any endorsement by the Owner of the linked Website; and
(c) Is not responsible for the material contained on those linked sites.
6. Features and specifications of products and services described or depicted on the Website (including, without limitation, products manufactured or supplied through our business partners or suppliers which are displayed on the Website and their attributes) are approximate only and subject to change.
7. A reference to products or services on the Website does not imply or warrant that the products or services will be available at any time in your particular locality.
8. To the full extent permitted by law the Owner disclaims any and all warranties, conditions, terms, representations and undertakings, other than as expressly set out in these Terms and Conditions, express or implied, including but not limited to:
(a) Any warranty relating to the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any liked sites; or
(b) Any warranty relating to the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
(c) Any warranty that the Website, or the server that makes the site available are free of software viruses;
(d) Any warranty that the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(e) Any warranty that errors and defects in the Website will be corrected.
9. Your use of the Website is at your own risk.
10. To the full extent permitted by law, neither the Owner nor any party involved in creating, producing or delivering the Website accepts any liability for the accuracy, timeliness or completeness of the information contained on the Website, whether or not the Owner is aware of such errors or omissions nor do they accept any liability for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue of profit, or loss or corruption of data arising out of your access to, or use of, or inability to use or access this Site, whether arising in tort or contract. Further, the Owner does not bear any responsibility for any errors, omissions defamatory, offensive or illegal conduct of any user of the Website.
11. The Competition and Consumer Act 2010 (Cth) legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified.
Use of Information gathered
Termination of Access
The Owner may terminate your access to the Website at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
- Alteration of the Terms and Conditions of Use and Access
14. The Owner reserves its right to change these Terms and Conditions of Use and of Access:
- With or without further notice to you; and
- Without giving you any explanation or justification for such change.
- Relevant jurisdiction
15. If any part of these Terms and Conditions of Use and Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of the Terms and Conditions of Use and Access and the severed part will not effect the validity and enforceability of any remaining provisions.
16. These Terms and Conditions of Use and Access will be governed by and interpreted in accordance with the laws of Queensland, Australia, without giving effect to any principles of conflicts of laws.
17. You agree to the jurisdiction of the Courts of Queensland to determine any dispute arising out of these Terms and Conditions of Use and Access.
Participation in Interactive portions of the Website
18. The Website may contain interactive components where you can submit material to the Website.
19. Any intellectual property rights in any material submitted to the Website becomes and remains the sole property of the Owner. You consent to all relevant acts or omissions in relation to that person’s moral rights in his or her material which may or might otherwise constitute a breach or infringement of those moral rights and, to the extent permitted by law, waives all of his or her moral rights in the material.
20. The Owner may, but is not obliged to, moderate any material you submit to the Website including, without limitation, changes to spelling and grammar. The Owner reserves the right to remove any material for any or no reason. We may also restrict, suspend or terminate your use of the Website where we believe that you have misused it or breached the Terms and Conditions of Use and Access.
Collection of Personal information
From time to time, we may collect your personal information. We will only collect personal information when it is necessary for us to do so in order to conduct market research in relation to consumer preferences or for direct marketing. When you use the website, information about how you use the website may be collected.
We may also collect personal information if you complete a registration form or enter a competition. You do not have to provide this information. This may mean you will not be able to use some of our services or enter competitions. The categories of personal information we may request include your name and contact information (email, address and phone number), product preferences and other marketing information.
Use and Disclosure
We may disclose your personal information to organisations that advertise their products and services on our website for evaluation. Your personal information may also be used by organisations that advertise their products and services on our website for the purpose of direct marketing. Apart from the above, we will not use or disclose any information about you without your consent, unless:
- required by law;
- we believe it necessary to provide you with a service which you have requested;
- to implement our terms of service;
- to protect the rights, property or personal safety of another Directories Group user, any member of the public or Directories Group; or
- the assets and operations of the business are transferred to another party as a going concern.
- Direct Marketing
You acknowledge and agree that we may contact you at the email or other address which you provide to us in order to:
- provide you with direct marketing information; or
- provide you with other information about our products and services which you may enjoy.
- If you receive promotional information from us or our affiliates and you do not wish to receive this information any longer, you may remove your name from our list either by visiting our website and following the instructions on how to withdraw your information from that Website (where that facility is available), or emailing us at email@example.com and asking to be removed from our mailing list. Please allow 5 business days for this request to be processed. We do not collect your sensitive personal information as defined in the Privacy Act.
The quality of information
We will take reasonable steps to make sure that the personal information we collect, use or disclose is accurate, complete and up to date.
Security of information
We will take reasonable steps to protect the personal information we hold from misuse and loss and from unauthorised access, modification or disclosure. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure, so we cannot give an absolute assurance that the information you provide to us will be secure at all times. WE will not be held responsible for events arising from unauthorised access to your personal information.
We will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed as set out above.
Access and correction
We will provide you access to the information that we hold on request by you. If at any time you want to know exactly what personal information we hold about you, you are welcome to access your record by e-mailing us at firstname.lastname@example.org.
Our file of your information will be made available to you within 14 days. We will only withhold your access to such information in limited circumstances where it is permitted by law. If we are not required to give you access to the information because of one of the reasons stated above, we will, if reasonable, consider whether the use of a mutually agreed intermediately would allow sufficient access to meet the needs of both parties.
We may charge you for providing access to personal information. If at any time you wish to change personal information that is inaccurate or out of date, please contact us by e-mailing us at email@example.com and we will amend this record. If you wish to have your personal information deleted, please let us know in the same manner as referred to above and we will take all reasonable steps to delete it unless we need to keep it for legal reasons. If we hold personal information about you and you are able to establish to us that the information we hold is not accurate, incomplete and up to date, we will take reasonable steps to correct the information, so that it is accurate, complete and up to date. Should we deny access to personal information or refuse to correct your personal information, we will provide you with reasons.
Wherever it is lawful and practicable, we will give you the option of not identifying yourself when entering transactions with us.
When we send personal information overseas
We may disclose personal information about you to organisations in a foreign country that advertise products and services on our website. We will not disclose personal information to an organisation in a foreign country, unless we are satisfied that we believe that the organisation in the foreign country is subject to a law, binding scheme or a contract which effectively up holds principles for fair handling of the information that are substantially similar to the National Privacy Principles as contained in the Privacy Act, or you otherwise consent to us giving this information.
These are the Terms and Conditions between Dragon Shield Smoke Alarms Pty Ltd ACN 126 519 607 and the Customer.
Customer means the person, individual or entity named in the Service Agreement or its duly authorised Agent, Representative, permitted assigns and executors.
Service Provider means Dragon Shield Smoke Alarms Pty Ltd ACN 126 519 607, its agents, employees and permitted assigns and executors.
Service/s means the provision of smoke alarm inspection and testing service/s as described in the Service Agreement.
Property means the property or properties the address of which is or are stated in the Service Agreement.
Annual Fee means the Annual fee payable by the Customer to the Service Provider as set out in the Service Agreement.
Item/s: means a battery operated or hard wired smoke alarm which of the standard and quality as represented to be provided by the Service Provider in the conduct of its service.
- Commencement of Service: By signing the Service Agreement the Customer agrees that the appointment of the Service Provider to perform the Service will commence on the Commencement Date stated in the Service Agreement.
- Term of Appointment: One (1) Year from and inclusive of the Commencement Date.
- End of Service: The appointment of the Service Provider by the Customer will end on the earlier of the following times and dates:
- Midnight One (1) Year from and inclusive of the Commencement Date; or
- Thirty (30) Days after the Customer provides written notice to the Service Provider that the Customer no longer wishes to use the Services of the Service Provider as a result of any major problem with the Service or Item or failure of the Service Provider to rectify any minor problem with the Service or Item within a reasonable time frame; or
- From 5.00PM (Eastern Standard Time) on the due date for payment of the Annual Fee (or Additional Fees and Charges that may be associated with provision of the Service) to the Service Provider.
- Standard Terms of Payment: The Service Provider will issue a Tax Invoice to the Customer for the Annual Fee (and any Additional Fees and Charges incurred from time to time by the Customer) and the time for payment by the Customer is fourteen (14) days from the date of the Tax Invoice. The Service Provider may at its sole election agree in writing to extend the Standard Payment Terms beyond Standard Terms of Payment.
- Additional Fees and Charges: Hard Wired smoke alarms which require replacement will incur an additional charge to the Customer if the services of a licensed electrician are required. An estimate of the additional fees and charges will be provided to the Customer for any additional fees and charges prior to any additional service being performed. The Customer (or it managing agent) must approve the additional services before the additional services are carried out. A Tax Invoice will be issued to the Customer (or property manager of the Customer) payment for the additional services. The Customer (or the property manager for the Customer) must remit payment for the Tax invoice issued for the additional services within fourteen (14) days from the date of the Tax Invoice.
- Liability and Statutory Obligations: The parties acknowledge that where the Customer is a Consumer as defined by any relevant law (such as the Competition and Consumer Act 2010 (Cth)), certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of the Goods or of Services which cannot be excluded, restricted or modified by these Terms and Conditions. However, the Customer acknowledges and agrees that the engagement of the Service Provider does not remove or negate the statutory obligations imposed on the occupier, tenant, or owner of a real estate property under the Fire and Service Rescue Act 1990 (as amended) or any other Statutory or Legal requirement imposed on an owner and or occupier of a dwelling house, commercial or industrial property to comply with safety requirements pertaining to smoke alarms and fire safety laws.
- Unforeseen Events: The Service Provider may cancel or suspend delivery or provision of the Service in the event of any delay or non-performance due directly or indirectly to wars, terrorism, floods, storm, tempest, strikes, lockouts, inability to gain access to the property, delays or defaults of manufacturers or suppliers, acts of God, or any other cause beyond our reasonable control.
- Refunds and Returns for Services and Items: Should the Customer have a “change of mind”, the Customer understands that the Service Provider is not required to provide a refund. The Customer must retain proof of purchase for any Services or Items or service performed (e.g. your receipt).
(a) Items: The Customer can choose a refund or exchange of any item supplied as part of the Service, if the Item has a major problem. A major problem is when the Item has a problem that would have stopped someone from buying the item if they had known about it, the item is unsafe, the Item is significantly different from the sample or description or if the Item does not perform in accordance with its stated function or what you specifically purchased the Item to do and the Item cannot be easily fixed.
If the Customer chooses a refund or exchange of the Item or refund, the Service Provider agrees to attend to replacing the Item at its own cost provided the Customer, tenant or Managing Agent did not directly or indirectly cause or contribute to the failure or damage of the Item or cause the Item to be unfit for its intended purpose.
If the problem with the Item is not major, the Service Provider will repair the Item within a reasonable time and if it does not do so the Customer can elect to receive a refund or replacement Item.
The Customer (or the Customer’s managing Agent) must notify the Service Provider of any alleged faults or defects with an Item within thirty (30) days of discovery of any faults by the Customer (or the managing Agent) and preferably during the operation of any warranty period of any Item.
(b) Services: If the Service Provider fails to comply with any of the Statutory Consumer Guarantees as afforded to the Consumer by the Competition and Consumer Act 2010 (Cth)) the Service Provider must fix the problem with the Service within a reasonable time and if the Service Provider cannot do so within a reasonable time or if the problem with the Services are major (i.e. one where a reasonable consumer would not have agreed to the Services had they known the full extent of the problem) and cannot be fixed, then the Customer may choose to either terminate the Service Agreement and obtain a full refund or seek compensation for the difference between the value of the services provided compared to the price paid.
- Address for Notices: The address for delivery of Notices to the Service Provider is PO Box 6834 Upper Mount Gravatt Qld 4122 The address for delivery of Notices to the Customer is the address provided by the Customer (or customer’s managing agent) as stated on the Service Agreement or provided to the Service Provider.
- Renewal of Appointment: At the end of the Term of Appointment the Customer will be sent a Tax Invoice for the Annual fee payable for appointment of the Service Provider for a further 1 Year Term from the date of the end of the initial Term of Appointment and any subsequent Term of appointment (“Renewal Tax Invoice”) as the case may be. The Annual fee on renewal of the appointment of the Service Provider may be either;
- the same Annual fee in the immediately preceding year of appointment; or
- higher or lower than the immediate year of appointment as adjusted and determined and set by the Service Provider.
If the Customer wishes to re-appoint the Service Provider for a further 1 Year Term from the end of the Term of Appointment, then the Customer can do so by simply making payment to the Service Provider of the Renewal Tax Invoice. Upon receipt of payment for the Renewal Tax Invoice by the Service Provider, the appointment will be renewed for a further 1 Year Term from the date of receipt of payment and shall continue on the same terms and conditions of the Service Agreement and these Terms and Conditions with the exception that the following terms shall be amended:
- The Annual Fee to will be amended to the Annual Fee as stated in the Renewal Tax Invoice;
- The Commencement Date shall be amended to the date of the receipt of payment of the Renewal Tax Invoice by the Service Provider; and
- The Term of Appointment shall be amended to 1 Year from the date of receipt of payment of the Renewal Tax Invoice by the Service Provider.