WEBSITE TERMS AND CONDITIONS
1. TERMINOLOGY
1.1 In these terms and conditions, the expressions "we", "us" and "our" are a reference
to SafetyLink Pty Limited ACN 081 777 371.
2. APPLICATION OF THESE TERM AND CONDITIONS
2.1 These terms and conditions apply to the use of this website, including the purchase
of goods over this website. In using this website for these or any other purposes,
you agree to be bound by these terms and conditions. If you do not accept these
terms and conditions, you must refrain from using the website. These terms and
conditions must be read in conjunction with any other applicable terms and
conditions governing the use of this website.
3. APPLICATION OF OUR STANDARD TERMS OF SALE
3.1 Our Standard Terms of Sale will apply to any purchase of our goods and services
over this website. In the event of inconsistency between these terms and conditions
and our Standard Terms of Sale, these terms and conditions will prevail.
4. AMENDMENTS TO THESE TERMS AND CONDITIONS
4.1 We reserve the right to amend these terms and conditions from time to time.
Amendments will be effective immediately upon notification on this website. Your
continued use of the website following such notification will represent an
agreement by you to be bound by the terms and conditions as amended.
5. WEBSITE ORDERING PROCEDURE
5.1 You may offer to purchase goods described on this website for the price specified
on this website.
5.2 Your order must contain your name, email address, credit card details and any other
ordering information specified on this website.
5.3 Within seven days of receipt of your order, we will at our discretion accept or reject
your offer to purchase.
5.4 You may not cancel an order once it has been submitted, even if our acceptance or
rejection of your offer is still pending.
5.5 We are not required to give reasons for rejecting your offer to purchase.
5.6 If we reject your offer to purchase the goods for any reason, neither of us will be
under any further liability to the other arising out of your original offer or our non-
acceptance of that offer.
5.7 If we have not responded to you within seven days, your offer will be deemed to be
rejected.
5.8 We give no undertaking as to the availability of products advertised on this website.
5.9 Delivery of the goods to you will be effected in the manner described on this
website.
5.10 Payment must be effected in the manner described on the website and our Standard
Terms of Sale.
5.11 The goods are offered for sale only to persons who can make legally binding
contracts.
6. CANCELLATION DUE TO ERROR
6.1 You acknowledge that despite our reasonable precautions, products may be listed
at an incorrect price or with incorrect information due to a typographical error or
like oversight. In these circumstances, we reserve the right to cancel the transaction,
notwithstanding that your order has been confirmed and your credit card has been
charged. We reserve this right up until the time of delivery of goods to you. If a
cancellation of this nature occurs after your credit card has been charged for the
purchase, we will immediately issue a credit to your credit card account for the
amount in question.
7. DISCLAIMER
7.1 Unless otherwise agreed between the parties in writing, it is your responsibility to
ensure that only competent and trained persons carry out the installation of the
goods purchased over our website. We do not accept any responsibility for any loss
or damage to the goods caused by:
(a) inadequate, incorrect or improper installation;
(b) any modification of the goods not expressly authorised in writing by the
seller;
(c) misuse;
(d) inadequate, incorrect or improper maintenance;
(e) any use outside of the specifications of the goods.
7.2 We do not accept responsibility for any loss damage, however caused (including
through negligence), which you may directly or indirectly suffer in connection with
your use of this website or any linked website, nor do we accept any responsibility
for any such loss arising out of your use of or reliance on information contained on
or accessed through this website.
7.3 To the extent permitted by law, any condition or warranty which would otherwise be
implied into these terms and conditions is hereby excluded. Where legislation
implies any condition or warranty, and that legislation prohibits us from excluding
or modifying the application of, or our liability under, any such condition or
warranty, that condition or warranty will be deemed included but our liability will
be limited for a breach of that condition or warranty to one or more of the
following:
(a) if the breach relates to goods,
(i) the replacement of the goods or the supply of equivalent goods,
(ii) the repair of such goods,
(iii) the payment of the cost of replacing the goods or of acquiring
equivalent goods or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services,
(i) the supplying of the services again or
(ii) the payment of the cost of having the services supplied again.
7.4 Except in relation to liability for personal injury (including sickness and death), and
except as otherwise stipulated in these terms and conditions, we will not accept
liability to you in respect of any loss or damage (including indirect, special, or
consequential loss or damage) which may be suffered or incurred by you or which
may arise directly or indirectly in respect of goods or services supplied pursuant to
an order placed on this website or in respect of any failure or omission on our part
to comply with our obligations as set out in these terms and conditions.
8. EXCEPTION TO DISCLAIMER
8.1 This disclaimer set out in these terms and conditions does not attempt or purport
to exclude liability arising under statute if, and to the extent, such liability cannot
be lawfully excluded.
9. SPECIFIC WARNINGS
9.1 You must ensure that your access to this website is not illegal or prohibited by laws
which apply to you.
9.2 You must take your own precautions to ensure that the process which you employ
for accessing this website does not expose you to the risk of viruses, malicious
computer code or other forms of interference which may damage your own
computer system. For the removal of doubt, we do not accept responsibility for any
interference or damage to your own computer system which arises in connection
with your use of this website or any linked website.
9.3 Whilst we have no reason to believe that any information contained on this website
is inaccurate, we do not warrant the accuracy, adequacy or completeness of such
information, nor do we undertake to keep this website updated. We do not accept
responsibility for loss suffered as a result of reliance by you upon the accuracy or
currency of information contained on this website.
9.4 We make no warranty that goods acquired from us over this website will meet your
requirements.
9.5 Details contained on this website relating to goods or services have been prepared
in accordance with Australian law and may not satisfy the laws of any other country.
We do not warrant that the details on this website concerning those goods or
services will satisfy the laws of any other country. It is your responsibility to
determine whether these details satisfy the laws of the jurisdiction where you reside
(if that jurisdiction is outside Australia) and if the details do not satisfy the laws of
your jurisdiction, you may not order any goods or services from this website.
9.6 You acknowledge that despite all reasonable precautions on our part, there is a risk
of unauthorised access to or alteration of your transmissions or data or of
information contained on your computer system or on this website. We do not
accept responsibility or liability of any nature for any such losses which you may
sustain as a result of such activity.
10. INTELLECTUAL PROPERTY
10.1 Copyright in this website (including text, graphics, logos, icons, sound recordings
and software) is owned or licensed by us. Other than for the purposes of, and
subject to the conditions prescribed under, the Copyright Act 1968 Cth and similar
legislation which applies in your location, and except as expressly authorised by
these terms and conditions, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create
derivative works from any part of this website; or
(b) commercialise any information, products or services obtained from any part
of this website; without our written permission.
10.2 Except where otherwise specified, any word or device to which is attached the ™ or
® symbol is a registered trade mark.
10.3 If you use any of our trade marks in reference to our activities, products or services,
you must include a statement attributing that trade mark to us. You must not use
any of our trade marks:
(a) in or as the whole or part of your own trade marks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive;
(d) in a manner that disparages us or our information, products or services
(including this website).
11. RESTRICTED USE
11.1 Unless we agree otherwise in writing, you are provided with access to this website
only for your personal use. You are authorised to print a copy of any information
contained on this website for your personal use, unless such printing is expressly
prohibited. Without limiting the foregoing, you may not without our written
permission on-sell information obtained from this website.
12. LINKED WEBSITES
12.1 This website may contain links to other websites ( "linked websites" ). Those links
are provided for convenience only and may not remain current or be maintained.
12.2 We are not responsible for the content or privacy practices associated with linked
websites.
12.3 Our links with linked websites should not be construed as an endorsement,
approval or recommendation by us of the owners or operators of those linked
websites, or of any information, graphics, materials, products or services referred to
or contained on those linked websites, unless and to the extent stipulated to the
contrary.
12.4 Responsibility for the content of advertisements appearing on this website
(including hyperlinks to advertisers' own websites) rests solely with the advertisers.
The placement of such advertisements does not constitute a recommendation or
endorsement by us of the advertisers' products and each advertiser is solely
responsible for any representations made in connection with its advertisement.
13. HOW WE HANDLE E-MAILS
13.1 We will preserve the content of any e-mail you send us if we believe we have the
legal requirement to do so. Your e-mail message content may be monitored by us
for trouble-shooting or maintenance purposes or if any form of e-mail abuse is
suspected.
14. SECURITY OF INFORMATION
14.1 Unfortunately, no data transmission over the Internet can be guaranteed as totally
secure. Whilst we strive to protect such information, we do not warrant and cannot
ensure the security of any information which you transmit to us. Accordingly, any
information which you transmit to us is transmitted at your own risk. Nevertheless,
once we receive your transmission, we will take reasonable steps to preserve the
security of such information.
15. TERMINATION OF ACCESS
15.1 Access to this website may be terminated at any time by us without notice. Our
disclaimer will nevertheless survive any such termination.
16. GOVERNING LAW
16.1 These terms and conditions are governed by the laws in force in New South Wales.
You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
17. GENERAL
17.1 We accept no liability for any failure to comply with these terms and conditions
where such failure is due to circumstance beyond our reasonable control.
17.2 If we waive any rights available to us under these terms and conditions on one
occasion, this does not mean that those rights will automatically be waived on any
other occasion.
17.3 If any of these terms and conditions are held to be invalid, unenforceable or illegal
for any reason, the remaining terms and conditions shall nevertheless continue in
full force.
18. TO RETURN TO THE WEBSITE
18.1 To return to the website, click on the appropriate link to ecommerce site
www.heightsafety.com By doing so, you acknowledge that you have read, understood
and accept the above terms of use.
19. PRIVACY POLICY
19.1 We may collect website visitors' contact information (like their e-mail addresses).
Unless you object, this information may be used:
(a) to send news, information about our activities and general promotional
material which we believe may be useful to you;
(b) to monitor who is accessing the website or using services offered on the
website; and
(c) to profile the type of people accessing the website.
19.2 If you do not wish to have your personal information used in this manner or for any
other specific purpose, you can e-mail us accordingly.
19.3 We utilise "cookies" which enable us to monitor traffic patterns and to serve you
more efficiently if you revisit the site. A cookie does not identify you personally but
it does identify your computer. You can set your browser to notify you when you
receive a cookie and this will provide you with an opportunity to either accept or
reject it in each instance.
19.4 We will not sell or otherwise provide your personal information to a third party, or
make any other use of your personal information, for any purpose which is not
incidental to your use of this website. For the removal of doubt, personal
information will not be used for any purpose which a reasonable person in your
position would not expect.
19.5 If you request us not to use personal information in a particular manner or at all, we
will adopt all reasonable measures to observe your request but we may still use or
disclose that information if:
(a) we subsequently notify you of the intended use or disclosure and you do not
object to that use or disclosure;
(b) we believe that the use or disclosure is reasonably necessary to assist a law
enforcement agency or an agency responsible for government or public
security in the performance of their functions; or
(c) we are required by law to disclose the information.
19.6 We will preserve the content of any e-mail you send us if we believe we have the
legal requirement to do so.
19.7 Your e-mail message content may be monitored by us for trouble-shooting or
maintenance purposes or if any form of e-mail abuse is suspected.
19.8 Personal information which we collect may be aggregated for analysis but in such
circumstances we would ensure that individuals would remain anonymous.
19.9 All personal information which we collect (including your contact details and, if
relevant, credit card details) is kept confidential to the best of our ability. You will
appreciate, however, that we cannot guarantee the security of transmission.
19.10 We consider it is the responsibility of parents to monitor their children's use of our
website. Nevertheless it is our policy not to require personal information from
persons known to be under the age of 18 years or offer to send any promotional
material to persons in that category.
19.11 You are entitled to have access to any personal information relating to you which
you have previously supplied to us over this website. You are entitled to edit or
delete such information unless we are required by law to retain it.
19.12 If you wish to comment on or query our privacy policy, or if you wish to make an
inquiry regarding any personal information relating to you which may be in our
possession, contact us on +61 2 4964 1068 or info@heightsafety.com.