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Supply Installed - Terms and conditions
These terms and conditions (Terms) regulate the business relationship between you and us when you use the website www.supplyinstalled.com.au (Our Website). By using Our Website in any way, or by purchasing any goods (Goods) or services (Services) from Our Website, you agree to be bound by the Terms.
No person under the age of 18 years may use our Website and Services or provide personal information to us. Persons under age 18 may only use our Website and Services with the involvement and consent of a parent or legal guardian.
We are: Magdalena Kasperska of ACT 2617 The Trustee for Supply Installed Holdings Trust ABN 42 246 116 915 (Supply Installed) (“us, our”)
You are either:
a. a visitor to Our Website / our customer; or
b. a seller of Goods and Service on Our Website (Salesperson or SalesPeople);
c. or a Seller of goods and services and a supplier of installation Services for Goods that are purchased from Our Website or for goods sourced elsewhere (Technician).
The terms and conditions: 1. Our contract with you
1.1. These terms and conditions bind all users of Our Website. Where you purchase Goods, these Terms will form a contract between you and the Related Entity that will supply you the Goods and Services.
1.2. A reference throughout these terms and conditions to ‘you’ may not mean to all users of Our Website. On that basis reference to ‘you’ throughout these terms and conditions is subject to the context in which the reference is made and will mean one of the following combinations:
1.2.1 all customers, Salespeople or Technicians; or
1.2.2 all customers and Salespeople as the context requires; or
1.2.3 all customers and Technicians as the context requires; or
1.2.4 all Technicians and Salespeople as the context requires; or
1.2.5 customers solely, as the context requires; or
1.2.6 Technicians solely, as the context requires; or
1.2.7 Salespeople solely, as the context requires.
1.3. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
1.4. Each party acknowledges that, in entering into this agreement, you do not rely on any representation, warranty, information or document or other term not forming part of this agreement.
1.5. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
1.6. We do not guarantee that the Goods or Services advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those that are posted on Our Website at the time you place an order for Goods or Services.
1.7. If in future, you purchase Goods or Services from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
2. All Users to Register
2.2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration/membership details from time to time when they change.
3. Your account with us
3.1. On registration of an account, you will be issued a password which you should change immediately. You are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from accessing or using your account.
3.2. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and you should also log in to your account and change your password.
3.3. Please notify us of any security breach or unauthorised use of your account.
3.4. We reserve the right to terminate, ban or suspend your registration or membership at any time if you breach these terms and conditions.
4. Prices, additional fees and payment
4.1. All prices payable for the Goods and Services that you order is clearly set out on Our Website. On registration you agree to pay for Goods or Services in accordance with the pricing on Our Website from time to time and in accordance with the Goods or Services you purchase from Our Website.
4.2. Our prices for Goods and Services may be changed by us at any time prior to you placing an order. We will never change the prices after you have ordered the Goods or Services, unless agreed otherwise.
4.3. Unless stated otherwise, our prices exclude goods and services tax (“GST”).
4.4. Unless stated otherwise all bank charges by the receiving bank on payments to us will be borne by you.
5. Fees and Commissions payable to Salespeople and Technicians
5.1. When you register to become a Salesperson the payments, fees or commissions will be payable by us to you, and when they will be payable, will be disclosed to you in the sign up process.
5.2. When you register to become a Technician then the payments, fees or commissions that will be payable by us to you, and when they will be payable, when you provide installation services will be disclosed to you in the sign up process.
5.3. We reserve the right to amend the fees or commissions that will by payable to you as a Salesperson or a Technician. We also reserve the right to amend the process by which you can earn and be paid fees and commissions. Where we do so, and you do not agree with the change, then you must stop using Our Website. By continuing to use Our Website you agree to the new fees or commissions.
6. Goods Availability and Price
6.1. We do not guarantee that Goods advertised on Our Website are always available.
6.2. The price of Goods may be changed by us at any time prior to you placing an order.
6.3. If in the future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply to those future purchases so far as they can be applied.
7. Acceptance of your order
7.1. Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm your order.
7.2. At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
7.3. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
7.3.1 accept the alternatives we offer;
7.3.2 cancel all or part of your order.
8. Goods Ordering and Supply Process
8.1. This clause sets out the process by which you buy Goods through Our Website.
8.2. When you purchase Goods through Our Website you are required to pay a deposit for those Goods, which will be notified to you on Our Website.
8.3. Once you pay the deposit it will be paid to one of our Related Entities that will supply the Goods.
8.4. You may select a Technician to provide the Goods and the installation Services. If the Technician you select is not available or unwilling to provide the Services, then we may select an alternative Technician for you.
8.5. The Technician that is going to install the Goods will be notified on or about the same time and the Technician will pay the remaining amount owing on the Goods.
8.6. Once the full amount for the Goods has been received the Goods will then be supplied to the Technician for installation. On or around the same time the Related Entity will apply for the necessary approvals to complete the installation services.
8.7. Upon completion of the installation of the Goods you must pay the remaining deposit to the Related Entity.
8.8. The Technician will then invoice the Related Entity for payment and the Related Entity will pay the Technician.
9. Price and Payment for Goods
9.1. The price payable for the Goods that you order is clearly set out on Our Website.
9.2. It is possible that the price may have increased from the price that is posted on Our Website due to no fault of ours. If that happens, we will contact you to confirm you would still like to buy the Goods at the new price and if you agree to this then we will despatch the Goods.
9.3. If the item, system or solution you order is available in parts, you must pay us the full amount we specify on Our Website for the item, system or solution before we will send it, or any part of it.
9.4. Credit card processing fees, and bank charges by the receiving bank, on payments to us will be added to the price and borne by you. All other charges relating to payment in a currency other than Australian dollar will be borne by you.
9.5. If applicable, any information given by us in relation to exchange rates are approximate only and may vary from time to time.
9.6. If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you at which point you may cancel your order.
9.7. The price of the Goods includes the delivery charge for the Goods, and the delivery or shipping charge will be displayed on a page of Our Website before we ask you to pay.
9.8. If we owe you money we will credit your bank account, credit or debit card as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due.
10. Shipping Policy
10.1. We pride ourselves on outstanding customer service. Once the Goods have been paid for we will ship the Goods to the Technician as soon as reasonably practicable. However, we will only ship the Goods once all relevant approvals have been sought and obtained. Goods are not insured when they are shipped. Risk in the Goods passes on purchase or shipping of the Goods (whichever occurs first in time).
10.2. Deliveries will be made to the address of the Technician that is associated with, or installing your order. Unless you stipulate otherwise, and we agree to these stipulations prior to shipping your Goods, your Goods will be left in your letterbox or somewhere at your location (such as front door, back door etc).
10.3. If we are not able to deliver your Goods within 30 days of the date of your order, because you have given us incorrect address details, we will notify you by phone or e-mail to confirm your address and arrange another date for delivery. You will be invoiced for the shipping costs prior to the Goods being resent.
10.4. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
10.5. If Goods have to be signed for on delivery, then they must be signed by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver.
10.6. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience. Signing "Unchecked", "Not Checked" or similar is not acceptable.
10.7. Generally Goods are delivered to you by the Technician engaged to install the Goods.. We will send you a message by email to tell you when we have despatched your order to the Technician. We will also notify you, a Technician, once the Goods have been despatched
10.8. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual or a ‘time is of the essence condition’. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
10.9. Technicians please note some Goods may be delivered direct from the manufacturer, distributor, wholesaler or supplier who may contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer , distributor, wholesaler or supplier, you will be subject to the manufacturer's, distributor’s, wholesaler’s or suppliers’s delivery policy or if the manufacturer does not have a delivery policy then your order will be subject to our delivery policy set out in these terms and conditions.
10.10. Technicians please note if bulk orders of Goods are made such that the Goods to be delivered are large and heavy then delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
11. Manufacturer’s Warranty and Liability for Defects
11.1. New Goods carry:
11.1.1 a manufacturer’s warranty as set out by the relevant manufacturer; and
11.1.2 only cover the original purchaser of the Goods.
11.2. We, through your Technician, will repair or replace Goods which fail to comply with the provisions of the Competition and Consumer Act 2010 or which show a defect. If you claim that the item is defective, the following conditions apply:
11.2.1 the defect must be reported to your Technician within 14 days of becoming apparent, but in no event more than 2 months after the date of purchase (and the Technician must notify us within 2 business days of receiving a defect notification);
11.2.2 the defect must result from faulty design or faulty manufacture;
11.2.3 you must return the defective Goods or parts to us or directly to the manufacturer, distributor, wholesaler or supplier .
11.3. If we agree that we are liable, the Goods must be returned to us, or directly to the manufacturer, distributor, wholesaler or supplier where we will then repair or replace the Goods and ship them back to you free of charge.
11.4. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
12. Refund Policy
12.1. These provisions apply in the event that you return any Goods to us for any reason, if you do not follow this procedure, we may be unable to issue you with a refund or replacement Good.
12.2. If you have purchased the wrong Good or are returning a Good as a warranty claim, we will accept a return of that good and issue refund or send out a replacement Good subject to the following:
12.2.1 you must contact us first about the Goods before returning the Goods to us, and if we agree to accept a return of the incorrectly purchased Good or if we agree to accept the warranty claim over the Good then you MUST do the following:
12.2.2 the Goods must be securely and appropriately packed so they are not damaged during transit;
12.2.3 the Goods must be returned in their original packaging;
12.2.4 the Goods must be like new and not show any signs of use or having been installed or fitted;
12.2.5 you must include our original delivery slip or the manufacturer’s, distributor’s, wholesaler’s or supplier’s delivery slip;
12.2.6 the claim for refund must be advised to us no later than 30 days after the date you received the Good;
12.2.7 you will be solely responsible for all shipping costs to return the Good to us;
12.2.8 other than warranty claims or defect, given that under the Australian Consumer Law we do not have to accept refunds for change of mind, wrong item etc, where we agree to accept the return of the Good we will refund the purchase price minus a 20% restocking fee;
12.2.9 other than warranty or defect claims, if you require us to accept return of a Good and then ship a replacement Good you are responsible for the difference in the refund amount and the new Good price and also for any shipping fees;
12.2.10 for Goods returned as part of a warranty claim we will refund your shipping costs and pay the shipping costs to send you out a replacement Good; and
12.2.11 for Goods retuned as part of a warranty claim please enclose a note clearly stating the fault and when it arises or arose.
12.3. Otherwise, we do not accept refunds or returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
12.4. Goods must be installed by the specified qualified Technician and in accordance with the manufacturer’s guidelines otherwise the warranty is void.
12.5. If relevant, please first check the plug, fuse, batteries and the manufacturer's operating instructions. Also, before you contact us about returning the Goods to us, please carefully re-read the instructions and check that you have assembled it or installed it correctly and complied with any provisions relating to the power supply, plugs and sockets (if applicable).
12.6. If delivery was made to an Australian address, you are also protected by the Competition and Consumer Act 2010.
13. Statutory Guarantees and Warranties to Consumers and Limitation
13.1. Schedule 2 of the Competition and Consumer Act 2010, known as the Australian Consumer Law (“ACL”), prescribes certain rights and responsibilities of businesses and consumers in Australia. These include statutory guarantees which businesses must give to consumers.
13.2. More information regarding the ACL can be found at http://consumerlaw.gov.au
13.3. We agree to be bound by the obligations imposed under the ACL, including but not limited to:
13.3.1 we will not engage in misleading and deceptive conduct;
13.3.2 the items we advertise and sell will be fit for purpose and of merchantable quality; and
13.3.3 if we sell you a defective Good, and it was defective at the time of delivery to you, then we will replace the defective item or provide a refund to you.
13.4. To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur from our Goods or our services in selling and shipping you Goods and giving advice about which Goods to purchase, is limited to us re-supplying the Goods to you, or, at our option, us refunding to you the amount you have paid for the Goods to which your claim relates, minus any payment processing fee or payment gateway refund fee.
14. Services by Technicians
14.1. When you engage a Technician to provide installation services of the Goods a separate contract is formed between us, you and the Technician for the installation services. The terms of that contract are found in Attachment 1.
14.2. Technicians agree to indemnify us from all losses, costs or expenses that we incur, or could incur, arising out of, or in any way relating to, installation services provided by Technicians.
14.3. You as a user of or Our Website also agree to indemnify us from all losses, costs or expenses that we incur, or could incur, arising out of, or in any way relating to, installation services provided by Technicians.
14.4. If you have any concerns or problems with the installation services or any Defects with the Goods you must raise them with your Technician.
15. Specific Clauses for Technicians
15.1. This clause 15 only applies to Technicians.
15.2. Technicians agree that the services they provide to customers may be reviewed, checked or vetted by us.
15.3. We may record:
15.3.1 how many times you turned up on time to provide services;
15.3.2 how often customers are satisfied with your services;
15.3.3 how often customers would recommend you; and
15.3.4 what customers have said about you (if applicable) where customers have provided a testimony.
15.4. We may take the information we gather about you into account when determining how much work to allocate you.
15.5. You must have and maintain an appropriate and safe storage place to store any products supplied to you (either from us or from other 3rd parties like manufacturers or distributors).
15.6. Good will only be delivered to You if you are in attendance. If you are not in attendance Goods will not be delivered and you will be responsible for any redelivery fee.
15.7. Once Goods are delivered into your care then risk in the Goods passes to you but we retain title in the Goods. You agree to indemnify us for any loss we suffer due to Goods being lost, damaged or destroyed whilst in your care and control.
15.8. You will be given 24 hours to accept a new job. We will notify you of the new job via text and email. If you accept the job you must pay the remaining 50% outstanding on the price of the Goods.
15.9. If you don’t accept the job within the required time, or your don’t pay all the 50% deposit, then you will forfeit the right to do that job and the job may be awarded to another technician.
15.10. If you don’t accept many jobs, or you are unresponsive or uncommunicative, we may ban you, or suspend you from Our Website.
15.11. We provide almost all the applications for the installation Services. You agree to provide such assistance to us as we reasonably require to lodge and finalise applications, this includes allowing us the right to lodge documents in your name.
15.12. Once you have finished the installation of Goods for a Customer, you must notify us by updating your dashboard to ‘complete’ for that job. This is an important step as this triggers the issuance of an invoice to the Customer.
15.13. You must then lodge with us all required documents, such as electrical compliance of safety certificate, RFS for the distributor and make sure all applicable forms are completed for government rebates (e.g. Greebot).
15.14. Once the Customer has paid the outstanding invoice to Supply Installed, your 50% deposit will be returned and your installation fees paid. The amount you will be paid is set in your dashboard.
15.15. If you need to vary or amend the Services being provided to a Customer, please contact us at email@example.com to help you make changes to the quote if necessary.
16. Specific Clause for Sales People
16.1. This clause 16 only applies to sales people.
16.2. Once a Technician has completed a job and after the Customer has paid Supply Installed then you will receive your sales fee. The amount of your sale fee, for each job, is set out in your dashboard area of the website.
16.3. We may record:
16.3.1 how many items you have sold through Supply Installed;
16.3.2 how often customers are satisfied with your services;
16.3.3 how often customers would recommend you; and
16.3.4 what customers have said about you (if applicable) where customers have provided a testimony.
16.4. We may take the information we gather about you into account when determining how much your sale commission fees should be.
17. Service Warranties
17.1. Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010, and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
17.2. Our liability is governed solely by the ACL and these terms and conditions. We excludes all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Unless the Statutory Rights apply, the services we provide through our Website for example the service of putting you in touch with Technicians, and all other material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
17.3. If your Statutory Rights apply because you are a consumer as defined in the ACL, then we guarantee that the services we provide through Our Website (and not services provided by Technicians):
17.3.1 are rendered with due care and skill;
17.3.2 will be fit for the purpose that we advertise, or the services will give the result that we have agreed to in writing with you prior to providing the services; and
17.3.3 will be supplied within a reasonable time.
17.4. To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur from using Our Website or using our services is limited to us re-supplying the services to you, or, at our option, refunding to you the amount you have paid us for the services to which your claim relates.
18. Security of your credit card
18.1. We take care to make Our Website safe for you to use.
18.2. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
19. Intellectual Property
19.1. When you visit Our Website, we give you a limited licence to access and use information on Our Website for personal use.
19.2. You are permitted to download a copy of the information on Our Website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our Content in any other way infringes our intellectual property rights.
19.3. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, replicate, republish, distribute or display any of the information on Our Website without our prior written permission.
19.4. The licence to access and use the information on Our Website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror Our Website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of Our Website.
19.5. If you Post on Our Website by placing images, text, copy, photos or videos (Your Material) on Our Website then you grant us a non-exclusive, royalty free, irrevocable licence to use Your Material on the Website in any way we deem fit and in any promotional material we deem fit, such as but not limited to email marketing campaigns and other online and physical marketing materials.
19.6. In relation to Your Material, you consent to an infringement of your moral rights, for example the right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
19.7. Apart from Your Material which you Post, all rights, title and interest in Our Website or photos, images or logos on our Website are subject to copyright under the Copyright Act 1968 (Cth) and are solely owned by us and our affiliate businesses and/or companies. This includes, but is not limited to, all images, photos, text, information, graphics and videos.
19.8. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content on or from Our Website, in whole or in part.
19.9. You may not use our name or logos or trademarks or those belonging to other third parties that have Posted on Our Website without the prior written consent of us or that third party (as relevant).
20.1. All the conditions, warranties or other terms implied by the law of any county other than Australia are excluded from this agreement to the extent permitted by law.
20.2. We, or our Content suppliers, may make improvements or changes to Our Website, the Content, or to any of the Goods or Services, at any time and without advance notice.
20.3. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention any that you find.
20.4. Use of Our Website is at your own risk. To the extent permissible by law, we do not make any, and exclude all express or implied warranties, representations, statements, terms and conditions relating to your use of the Services or Content available on or from Our Website.
20.5. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the Services.
21. Matters beyond our reasonable control
21.1. There may be instances where we may not be able to perform certain or all obligations that we have agreed to in this agreement because of something beyond our reasonable control, which may include but is not limited to, events that constitute a force majeure which may include: virus, lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by a government body or other competent authority, industrial disputes, technical difficulties, power outages, hardware difficulties, software difficulties or other acts, events or omissions that affect our capacity to perform certain or all obligations that we have agreed to in this agreement. There may be other reasons too, not expressly set out here.
21.2. In these cases, you irrevocably and unconditionally agree that we do not accept responsibility or liability for not providing you with the Services at the specified time or for breaching our obligations.
22. Posting Policy: Restrictions on what you may Post to Our Website (if applicable)
If you Post Content on Our Website then you agree that you will not, nor allow anyone else to, Post Content on Our Website which is or may:
22.1. be malicious or defamatory;
22.2. be commercial audio, video or music files where the intellectual property rights in those files is not yours not licensed to you;
22.3. be illegal, obscene, offensive, threatening or violent;
22.4. be sexually explicit or pornographic;
22.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
22.6. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
22.7. solicit passwords or personal information from anyone;
22.8. be used to sell any goods or Services or for any other commercial use;
22.9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
22.10. link to any of the material specified above, in this paragraph; and
22.11. send age-inappropriate communications or Content to anyone under the age of 18.
23. Posting Policy: Your Posting - restricted content (if applicable)
In addition to the restrictions set out above, a Posting must not contain:
23.1. hyperlinks, other than those specifically authorised by us;
23.2. keywords or words repeated, which are irrelevant to the Content Posted;
23.3. the name, logo or trademark of any organisation other than yours;
23.4. inaccurate, false, or misleading information.
24. Posting Policy: How we handle your Content (if applicable)
24.2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
24.3. Even if access to your Content is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
24.4. You irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical of you. You indemnify us on a full indemnity basis for any loss or damage you suffer due to our publishing feedback, comments and ratings.
24.5. Posting Content on Our Website does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
24.6. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or breach of any law, which may occur as a result of you Posting any Content.
24.7. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
24.8. We do not solicit ideas for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us an irrevocable royalty free licence to use it.
25. Posting Policy: Removal of offensive Content (if applicable)
25.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
25.2. We are under no obligation to monitor or record the activity of any visitor or use of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
25.3. If you are offended by any Content, the following procedure applies:
25.3.1 your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by email;
25.3.2 after we receive notice of a claim or complaint, we may investigate at our discretion; and
25.3.3 we shall remove the offending Content as soon as we are reasonably able.
25.4. We may re-instate the Content about which you have complained or not.
25.5. In respect of any complaint made by you or any person on your behalf, whether using out of a complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
25.6. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
26.1. Our Website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by any linked website.
26.2. Any hyperlink on Our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information, Goods or Services and/or products which they provide.
26.3. You may link our website only with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of Our Website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials. This permission is conditional upon you not portraying us or any Service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent
27. Security of Our Website
27.1. If you violate Our Website and/or any terms of this agreement, we may take legal action against you.
27.2. You agree that you will not, and will not allow any other person to:
27.2.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
27.2.2 link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
27.2.3 download any part of Our Website, without our express written consent;
27.2.4 collect or use any product listings, descriptions, or prices;
27.2.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
27.2.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
27.2.7 share with a third party any login credentials to Our Website.
27.3. Crawling the Services is allowed if done in accordance with the provisions of our robots.txt file, but scraping the Services is prohibited.
28.1. You (which to avoid doubt includes all users of Our Website, such as customers, people browsing the Website, Technicians and Salespeople) agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
28.1.1 your breach of this agreement;
28.1.2 any act, neglect or default by any agent, employee, licensee or customer of yours which causes us a loss;
28.1.3 a contractual or negligence claim arising from your use of the Services;
28.1.4 a breach of the intellectual property rights of any person.
29. Limitation of Liability
29.1. To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur from using Our Website is limited to the amount of $AUD10.
30. Miscellaneous matters
30.1. When we communicate with you we do so by email, through Our Website or through other similar means. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
30.2. Where we provide services or products without specific charge to you, then they are deemed to be provided free of charge, and not to be associated with any other services for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those products or that service.
30.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
30.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
30.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
30.6. Any communication to be served on either party by the other shall be delivered by e-mail. It shall be deemed to have been delivered, if sent to the address from which the receiving party has last sent e-mail: within 48 hours if no notice of non-receipt has been received by the sender.
30.7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
30.8. This agreement does not give any right to any third party.
30.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
30.10. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
30.11. The validity, construction and performance of this agreement shall be governed by the laws of the Australian Capital Territory and the parties submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.
In this agreement:
Content means any content in any form such as but not limited to text, photographic images, videos, icons, emoji, published on Our Website by us, by you, or by any third party with our consent.
Services means the service being provided on Our Website.
Our Website means the website where these terms and conditions are placed and includes all web pages controlled by us including any and all subdomains.
Post means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
Related Entity has the meaning given in the Corporations Act 2001 (CTH).
In these terms and conditions unless the context otherwise requires:
32.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation;
32.2. by accessing the Services through Our Website or otherwise, you unconditionally and irrevocably agree to be bound by these terms and conditions, all applicable laws and/or regulations and you agree that you are responsible for this compliance
32.3. these terms and conditions prevail over any terms proposed by you;
32.4. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
32.5. any obligation of any person arising from this agreement may be performed by any other person;
32.6. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party;
32.7. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
32.8. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation;
32.9. if there is any conflict between these terms and conditions and other terms and conditions on Our Website, these terms and conditions will prevail; and
32.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English version prevails.
You must agree to our terms and conditions before registering an account