WEBSITE TERMS AND CONDITIONS
Throughout this Policy:
- “Scotcoms Electrical” is referred to as “We”
- “The Client” is referred to as “You”
1. About the Website
1.1. Welcome to www.scotcomselectrical.com.au (the ‘Website’). Our Website provides information on installation and maintenance of smoke alarms (the ‘Services’).
1.2. The Website is operated by Scotcoms Electrical (ABN 90 687 633 729). Access to and use of the Website, or any of its associated Services, is provided by Scotcoms Electrical. Please take the time to 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.
1.3 Scotcoms Electrical reserves the right to review and change any of the Terms by updating this page at its sole discretion. Please check back from time to time to review our Terms.
2. Acceptance of the Terms
2.1. 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 Scotcoms Electrical in the user interface.
3. Copyright and Intellectual Property
3.1. Our Website and Services are subject to copyright. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Scotcoms Electrical or its contributors. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us. If you wish to use content, images or other of our intellectual property, you should submit your request to us via email.
3.2 You may not, without the prior permission of Scotcoms Electrical 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 Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
5. General Disclaimer
5.1. Nothing in the 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.
5.2. Subject to this clause, and to the extent permitted by law:
5.2.1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
5.2.2. Scotcoms Electrical 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 Guaranteed), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Scotcoms Electrical make any express or implied representation or warranty about the Services of any products or Services (including the products or Services of Scotcoms Electrical) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
5.3.1. 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;
5.3.2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
5.3.3. costs incurred as a result of you using the Website, the Services or any of the products of Scotcoms Electrical; and
5.3.4. the Services or operation in respect to links which are provided for your convenience.
6. Limitation of liability
6.1. Scotcoms Electrical total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
6.2. You expressly understand and agree that Scotcoms Electrical, its affiliates, employees, agents, contributors 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 profile (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
8. Venue and Jurisdiction
8.1. The Services offered by Scotcoms Electrical are 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 Queensland, Australia.
9. Governing Law
9.1. The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, p 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 Queensland, 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.
10.1. If any of these Terms is found to be void and unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.