FIRE MASTER PTY LTD – TERMS OF USE
Welcome to the Fire Master Pty Ltd (ACN 662 392 216) (“Company”, “Us”, “We”, “Our”) website (“Website”).
Please read these terms of use carefully as they contain important information regarding your legal rights and obligations. These include various limitations and exclusions.
This page states the terms and conditions under which you may use the Website and any other product or service offered for sale by the Company through the Website. The right to use products or services by the Company is personal to you and is not transferable to any other person or company.
The Company reserves the right to change the terms and conditions applicable to the Website, or to impose new terms and conditions. Such modifications or additions shall be effective immediately upon notice to each client. Notice may be given by any reasonable means including, but not limited to, posting a revised version of this Agreement on the Internet or notification by electronic mail. Any use of the Website after such notice shall conclusively be deemed to constitute acceptance by you of such modifications, additions, or deletions. You have the responsibility to periodically review the posted terms and conditions to be aware of such revisions.
1. INTELLECTUAL PROPERTY
1.1 The Company authorises you to view, copy, and print a single copy of materials on this Website solely for your personal, non-commercial use.
1.2 The Company has or is in the process of obtaining registered and unregistered trademarks. Any full or partial reproduction or representation, alone or in company with other elements, without our prior express written authorisation is strictly forbidden.
1.3 The general structure, software, texts, images, videos, sounds, know-how, animations, and more generally all information and content shown on the Website, are either our property or are subject to rights of use or exploitation (“Materials”). These elements are subject to copyright law.
1.4 These Terms do not grant you any licence for the use of trademarks, logos or photographs belonging to us.
1.5 Any databases appearing on the Websites are protected by the legal provisions for the protection of databases. We expressly prohibit any re-use, reproduction or extraction of elements of these databases. The user shall be held liable for any such reuse, reproduction or extraction.
1.6 If you wish to use some or any of the Website’s content (text, image, etc), you must obtain our prior express written authorisation, by writing to the address of the Company or by email to the Website administrator.
1.7 If you violate any of the terms or conditions, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
2. USER OBLIGATIONS
2.1 You (the “User”) are part of a community of people using the Website. We require that all Users comply with certain standards of behaviour when using the Websites, uploading or downloading content or otherwise acting in your capacity as a User or related to the Websites. The standards required of Users are set out below.
2.1.2 The Website, to the extent applicable, are only available for your personal use and is not to be used for any business or commercial purpose. You will not use the Website for the purpose of advertising, promoting or soliciting any goods or services, or otherwise engaging in trade or commerce.
2.1.3 As a user, you agree to use the services offered by the Company in a manner consistent with all applicable local, state and federal laws and regulations. You must respect all Users and contributors to the Websites and not make any remarks which are illegal, malicious, defamatory or likely to offend other Users or infringe upon any third party’s rights. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on the Website.
2.1.4 We reserve the right to immediately remove any content submitted by any User at any time.
2.1.5 You are solely responsible for your engagement and contributions to the Website. You must not knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or anything else which may compromise security of the Website or be harmful to other Users.
2.1.6 Any content you submit to the Website must be your own original work and not breach any other person’s rights. You warrant that you own all intellectual property in any such content and that in submitting the same you are not breaching any other person or party’s intellectual property. We reserve the right to immediately remove any content that we deem at our absolute discretion to be a breach of any person’s intellectual property at any time.
2.1.7 Users must not post personal information on public or accessible parts of the Website such as telephone numbers, addresses or other information that could be used to identify individuals. If you choose to do so it will be entirely at your own risk.
2.1.8 If you are under 18 years of age, you cannot place orders through this Website. By using this Website, you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
3. ACCESS CODES AND PASSWORDS
3.1 Some services on the Website may require an access code and password.
3.2 These access codes and passwords are confidential, personal and non-transferable. You are responsible for their management, safekeeping and for the consequences of their use. You are responsible for taking the measures necessary for their protection and safekeeping. Under no circumstances will we be held liable for any fraudulent use.
3.3 For security reasons, access to secure sections may be automatically barred after several failed access attempts. We reserve the right to suspend access to the Website in the event of fraud or attempted fraud in the use of a password or access code.
3.4 Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice, to temporarily or indefinitely suspend, or terminate, your access to this Website or refuse to provide products or services to you.
4. PRIVACY
4.1 As part of these Website Terms of Use, your use of this Website is also subject to our Privacy Policy which are incorporated by reference into these Terms of Use.
5. OUR OBLIGATION AND LIABILITY TO YOU (“THE USER”)
5.1 We will retain all other Personal Information you provide in confidence in accordance with our Privacy Policy.
5.2 We will ensure that the information provided to you by us, and any contributors we engage with, will be accurate and up to date to the best of our knowledge, and reserve the right to modify the content at any time and without notice. We make no undertaking and assume no liability, under any circumstances whatsoever, with regard to the relevance, continuity, accuracy, absence of errors, veracity, timeliness, fair and commercial nature, quality, validity and availability of the information contained on the Websites. Each User shall be fully responsible for the risks incurred by giving credence to this information. Incorrect information or omissions may be encountered arising from typographical or formatting errors. If you find any such errors, please inform us so that we can make the relevant corrections.
5.3 We cannot guarantee that the information supplied is complete, or that it has not been modified by a third party without our knowledge, whether posted by us or a third party. The Company, its parent companies and their subsidiaries, along with our contributors, accept no liability (whether direct or indirect) in the event of delay, error or omission with regard to the contents and use of the Websites and in the event of the service being interrupted or unavailable.
5.4 Under no circumstances will the Company be held liable for any direct or indirect damage resulting from or subsequent to third-party distribution of a virus by means of the Websites, which may infect your computer system following connection to, use of, or browsing on any of the Websites.
5.5 Any dated information published on the Website is valid exclusively for the specified date.
5.6 You agree to indemnify us, and our employees, officers, agents and contractors (the “Indemnified Parties”) from and against all actions, proceedings, suits, claims and demands brought or made against the Indemnified Parties by any person arising from or in consequence of your use of the Website, and from and against any damage, loss, cost or expense suffered or incurred by the Indemnified Parties as a direct or indirect consequence thereof.
6. COMMERCIAL USE
6.1 By placing an order through this or a related Company Website, you make an irrevocable offer to us to purchase the products/services that you have selected pursuant to these Website Terms of Use. No information in this Website constitutes an offer by us to supply any products/services to you.
6.2 We will not commence processing any order made through this Website unless and until:
6.2.1 payment for the order has been received by us in full; and
6.2.2 the order has passed our internal validation procedures.
6.3 We reserve the right at our discretion to:
6.3.1 at any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and at any time:
6.3.2 refuse to provide products or services to you;
6.3.3 terminate your access to this Website; and/or
6.3.4 remove or edit any content on this Website
6.4 Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.
7. SECURITY
7.1 While our Website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.
7.2 The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
8. THE COMPANY’S LIABILITY
8.1 The Company does not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses and other harmful goods or conditions. If your use of the Website or the Material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.
8.2 The Website and Material are provided on an ‘as is’ basis without any warranties of any kind. The company and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties rights, and the warranty of fitness for particular purpose. The Company and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software text, graphics, and links. If you decide to access linked third-party Web Websites, you do so at your own risk.
9. USER INFORMATION
9.1 The Company may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Website, for its internal business and marketing purposes.
9.2 Any communication which you post to the Website or transmit to the Company or to the Website by e-mail or other medium can be used by the Company on a royalty-free, perpetual, irrevocable, nonexclusive licence with the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicence such rights through multiple tiers of sublicences.
9.3 The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the Website or endorse any opinions expressed by users of the Website. You acknowledge that any reliance on material posted by other users of the Website will be at your own risk.
9.4 The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by users of the Website. If notified by a user of communications which allegedly do not conform to this agreement, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users of the Website for performance or non-performance of such activities. The Company reserves the right to expel users of the Website and prevent their further access to the Website for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.
10. LIMITATION OF LIABILITY
10.1 To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):
10.2 in the case of goods, to any of the following:
10.2.1 the replacement of the goods or the supply of equivalent goods;
10.2.2 the repair of the goods;
10.2.3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or
10.2.4 the payment of the cost of having the goods repaired; and
10.3 in the case of services:
10.3.1 the supply of the services again; or
10.3.2 the payment of the cost of having the services supplied again.
11. GENERAL
11.1. The Websites are subject to the laws of Victoria. This Agreement will be governed by and interpreted in accordance with the laws of Victoria.
11.2. The Company makes no claims that the Materials are appropriate or may be downloadable outside of Australia.
11.3. If any provision of this agreement is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect.
11.4. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.
11.5. Except as expressly provided in a particular “Legal Notice” or Software Licence or Material on particular pages of the Website, this agreement constitutes the entire agreement between you and the Company with respect to the use of the Website.
11.6. Any assignment or other transfer of the rights granted under these conditions is strictly forbidden.
11.7. Failure by one of the parties to exercise a right or to institute legal proceedings under the terms of this Agreement shall not be deemed to be a waiver of such a right or such proceedings.
12. COOKIES
12.1 When logging on to the Websites, you may be informed that a cookie will automatically be installed on your browser software. This is a block of data that is not used for identification purposes but for recording information about your browsing on the Websites. It is used to analyse activity, measure interest, and otherwise to improve the quality of the Websites.
12.2 If you choose to set your browser to refuse cookies, some services may no longer be accessible.
12.3 The Websites may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies. The information generated by the cookie about your use of the Websites (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of Websites, compiling reports on Website activity for Website operators and providing other services relating to Website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using the Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
13. INDEMNITY
13.1 You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your violation of the terms or conditions of this agreement.
13.2 You agree that your use of this Website is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this Website by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.
14. FORCE MAJEURE
14.1 To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.
15. TEXT MESSAGES
15.1 By consenting to the Company’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of the Company through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers.
15.2 You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with the Company. Your participation in this program is completely voluntary.
15.3 We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
15.4 You may opt-out of the Service at any time by unsubscribing. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
15.5 The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
15.6 To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.