WEBSITE TERMS AND CONDITIONS OF USE

1.           About the Website

(a)              Welcome to www.rcfireprotection.com.au (the 'Website'). The Website provides you with an opportunity to browse and obtain information regarding various services which we provide (the 'Service  '). The final cost of various services which we provide will depend on your customised quote. All pricings listed on the website are reference only. The Website provides this service by way of granting you access to the content on the Website, and contact form for customised quote to obtain various services offered by RESIDENTIAL COMMERCIAL FIRE PROTECTION (the 'Paid Services').

 

(b)              The Website is operated by RESIDENTIAL COMMERCIAL FIRE PROTECTION(ACN 648707386). Access to and use of the Website, or any of its associated Services or Services, is provided by RESIDENTIAL COMMERCIAL FIRE PROTECTION. Please read these terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

 

(c)              RESIDENTIAL COMMERCIAL FIRE PROTECTION reserves the right to review and change any of the Terms by updating this page at its sole discretion. When RESIDENTIAL COMMERCIAL FIRE PROTECTION updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

 

2.           Acceptance of the Terms

(a)              You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by RESIDENTIAL COMMERCIAL FIRE PROTECTION in the user interface.

 

3.           Obtain customised quote for Paid Services

(a)              In order for you to obtain your customised quote for any Paid Services, you must first fill out contact form on Website or email or phone us with your request (the ‘Service Request’). As part of the process, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i)            Email address

(ii)           Full Name

(iii)          Telephone number

(iv)         Company Name

(b)              You warrant that any information you give to RESIDENTIAL COMMERCIAL FIRE PROTECTION in the course of completing the service request will always be accurate, correct and up to date.

 

(c)              Once you have submitted the service request, you will be a registered as a potential client of the Website and various services offered by RESIDENTIAL COMMERCIAL FIRE PROTECTION (' potential client') and agree to be bound by the Terms. As a Potential client you will be granted access to quotation service.

 

(d)              You may not use the Website and may not accept the Terms if:

 

(i)          you are not of legal age to form a binding contract with RESIDENTIAL COMMERCIAL FIRE PROTECTION; or

(ii)          you are a person barred from receiving the any of our Paid Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Paid Services.

 

4.           Your obligations as a Potential client

(a)              As a Potential client, you agree to comply with the following: You will use the Website and all materials provided by RESIDENTIAL COMMERCIAL FIRE PROTECTION only for purposes that are permitted by:

 

(i)            the Terms;

(ii)           any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(iii)          you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Paid Services;

(iv)         any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify RESIDENTIAL COMMERCIAL FIRE PROTECTION of any unauthorised use of your personal details or any breach of security of which you have become aware;

(v)           you will not use the  Website for any illegal and/or unauthorised use which includes collecting email addresses of Potential clients by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(vi)          you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Paid Services. Appropriate legal action will be taken by RESIDENTIAL COMMERCIAL FIRE PROTECTION for any illegal or unauthorised use of the Website; and

(viii)       you acknowledge and agree that any automated use of the Website or any is prohibited.

 

5.             Copyright and Intellectual Property

(a)              The Website, the Paid Services and all of the related Services of RESIDENTIAL COMMERCIAL FIRE PROTECTION are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by RESIDENTIAL COMMERCIAL FIRE PROTECTION or its contributors.

 

(b)              RESIDENTIAL COMMERCIAL FIRE PROTECTION retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

 

(i)            the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of RESIDENTIAL COMMERCIAL FIRE PROTECTION; or

(ii)            the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(iii)           a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

(c)              You may not, without the prior written permission of RESIDENTIAL COMMERCIAL FIRE PROTECTION and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

 

6.          Privacy

(a)              RESIDENTIAL COMMERCIAL FIRE PROTECTION takes your privacy seriously and any information provided through your use of the Website and/or the Paid Services are subject to RESIDENTIAL COMMERCIAL FIRE PROTECTION's Privacy Policy, which is available on the Website.

 

7.         General Disclaimer

(a)              You acknowledge that RESIDENTIAL COMMERCIAL FIRE PROTECTION does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than provided for pursuant to these Terms.

 

(b)              RESIDENTIAL COMMERCIAL FIRE PROTECTION will make every effort to ensure a Service is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

 

(c)              Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

 

(d)              Subject to this clause, and to the extent permitted by law:

 

(i)            all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(ii)           RESIDENTIAL COMMERCIAL FIRE PROTECTION will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Paid Services or these Terms (including as a result of not being able to use the Paid Services or the late supply of the Paid Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(e)              Use of the Website, the Paid Services, and any of the Services of RESIDENTIAL COMMERCIAL FIRE PROTECTION , is at your own risk. Everything on the Website, the Paid Services, and the Services of RESIDENTIAL COMMERCIAL FIRE PROTECTION, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of RESIDENTIAL COMMERCIAL FIRE PROTECTION make any express or implied representation or warranty about its Content or any Services or Paid Services (including the Services or Paid Services of RESIDENTIAL COMMERCIAL FIRE PROTECTION) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

 

(i)            failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

 

(ii)           the accuracy, suitability or currency of any information on the Website, the Paid Service, or any of its Content related Services (including third party material and advertisements on the Website);

 

(iii)          costs incurred as a result of you using the Website, the Paid Services or any of the Services;

 

(iv)         the Content or operation in respect to links which are provided for the User's convenience;

 

(v)           any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

 

(vi)         any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

 

8.             Limitation of Liability

(a)              RESIDENTIAL COMMERCIAL FIRE PROTECTION's total liability arising out of or in connection with the Paid Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Paid Price paid by you under these Terms or where you have not paid the Paid Price, then the total liability of RESIDENTIAL COMMERCIAL FIRE PROTECTION is the resupply of information or Paid Services to you.

 

(b)              You expressly understand and agree that RESIDENTIAL COMMERCIAL FIRE PROTECTION, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

 

(c)              RESIDENTIAL COMMERCIAL FIRE PROTECTION is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Paid Services, whether posted or caused by users of the website of RESIDENTIAL COMMERCIAL FIRE PROTECTION, by third parties or by any of the Paid Services offered by RESIDENTIAL COMMERCIAL FIRE PROTECTION.

 

9.             Termination of Contract

 

(a)              The Terms will continue to apply until terminated by either you or by RESIDENTIAL COMMERCIAL FIRE PROTECTION as set out below.

 

(b)              If you want to terminate the Terms, you may do so by:

 

(i)            notifying RESIDENTIAL COMMERCIAL FIRE PROTECTION at any time; and

(ii)           closing your accounts for all of the Paid Services which you use, where RESIDENTIAL COMMERCIAL FIRE PROTECTION has made this option available to you.

 

(c)              Your notice should be sent, in writing, to RESIDENTIAL COMMERCIAL FIRE PROTECTION via the 'Contact Us' link on our homepage.

 

(d)              RESIDENTIAL COMMERCIAL FIRE PROTECTION may at any time, terminate the Terms with you if:

 

(i)            you have breached any provision of the Terms or intend to breach any provision;

(ii)           RESIDENTIAL COMMERCIAL FIRE PROTECTION is required to do so by law;

(iii)          the partner with whom RESIDENTIAL COMMERCIAL FIRE PROTECTION offered the Paid Services to you has terminated its relationship with RESIDENTIAL COMMERCIAL FIRE PROTECTION or ceased to offer the Paid Services to you;

(iv)         RESIDENTIAL COMMERCIAL FIRE PROTECTION is transitioning to no longer providing the Paid Services to Users in the country in which you are resident or from which you use the service; or

(v)           the provision of the Paid Services to you by RESIDENTIAL COMMERCIAL FIRE PROTECTION is, in the opinion of RESIDENTIAL COMMERCIAL FIRE PROTECTION, no longer commercially viable.

 

(e)              Subject to local applicable laws, RESIDENTIAL COMMERCIAL FIRE PROTECTION reserves the right to discontinue or cancel your potential clientship to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Paid Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts RESIDENTIAL COMMERCIAL FIRE PROTECTION's name or reputation or violates the rights of those of another party.

 

(f)               When the Terms come to an end, all of the legal rights, obligations and liabilities that you and RESIDENTIAL COMMERCIAL FIRE PROTECTION have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

 

10.          Indemnity

(a)              You agree to indemnify RESIDENTIAL COMMERCIAL FIRE PROTECTION, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

 

(i)            all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(ii)           any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(iii)          any breach of the Terms.

 

 

11.      Dispute Resolution

(a)              Compulsory:

 

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

 

(b)              Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

 

(c)              Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties ') must:

 

(i)            Within n/a days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(ii)           If for any reason whatsoever, 60 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Fair Trading NSW or his or her nominee;

(iii)          The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(iv)         The mediation will be held in Fair Trading NSW, Australia.

 

(d)              Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

 

(e)              Termination of Mediation: If 1 year have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

 

12.          Venue and Jurisdiction

(a)              The Services offered by RESIDENTIAL COMMERCIAL FIRE PROTECTION is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

 

13.          Governing Law

(a)         The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

14.          Independent Legal Advice

(a)              Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

 

15.          Severance

(a)              If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.