1. Acceptance and Agreement
1.1 Our Website Legals are the terms and conditions on which You visit, access, view and/or use the website of The Trustee for Sparks Alive Electrical Trust ABN 66 191 018 625 trading as Sparks Alive Electrical (Our Website) and by which You acquire services referenced on Our Website and include Our:
(b) Disclaimers and limitations of liability relating to Our Website;
(d) Other terms and conditions relating to services We offer or reference on Our Website.
(Our Website Legals)
1.2 You should review the contents of Our Website Legals before proceeding to visit, access, view or use Our Website and before acquiring any services referenced on Our Website, including third party products or services from third party providers.
1.3 By visiting, accessing, viewing or using Our Website or acquiring services referenced on Our Website, You:
(a) Express Your understanding and acceptance of the matters set-out in these Website Legals;
(b) You warrant to Us that You have the legal capacity to enter an agreement on the terms and conditions set out in Our Website Legals; and
(c) You enter into a legally binding agreement with Us on the terms and conditions set out in Our Website Legals.
2. License to Use Website
2.1 Subject to compliance with Our Website Legals, We grant You a limited, non-exclusive and non-transferable license to use Our Website in accordance with Our Website Legals (License).
2.2 You may visit, access, view and use Our Website in the normal manner, but must not except as permitted under the Copyright Act 1968 (Cth) copy, reproduce, republish, distribute or display any information on Our Website without Our written permission.
2.3 The License to use Our Website does not include the right to use any data mining robots or other extraction tools or to metatag or mirror Our Website.
3. Website Content and Access – No Warranties or Representations
3.1 While We endeavor to take reasonable care in preparing and maintaining the information on Our Website, We do not warrant the accuracy, reliability, adequacy or completeness of any of the content of Our Website, nor provide any specific advice for Your circumstances. It is Your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon.
3.2 You acknowledge and accept that the content of Our Website:
(a) may include technical inaccuracies and typographical errors;
(b) may not necessarily be up to date or accurate at the time you view it;
(c) is subject to change at any time without notice.
3.3 To the fullest extent permitted by law We exclude all representations, warranties or terms (whether express or implied) other than those set out in Our Website Legals.
3.4 We do not guarantee that access to Our Website will be uninterrupted or that Our Website is free from viruses or anything else which may damage any computer which accesses Our Website or any data on such a computer.
4. Intellectual property
4.1 The content and materials displayed on Our Website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks, are Our property (or we are licensed to use them) and are protected by copyright, trade mark and other intellectual property laws (Intellectual Property).
4.2 Any such material or content may be printed solely for Your personal, non-commercial use within Your organisation provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without Our express prior written consent.
4.3 We do not grant You any license or right in, or assign all or part of, Our intellectual property rights in the content or applications incorporated into Our Website or in the user interface of Our Website.
5. Submissions On or Via Our Website
5.1 Any material You send to Us on or via Our Website (including without limitation any data, questions, comments, suggestions, ideas or other information) will be deemed to be non-confidential and non-proprietary, unless it is indicated to be otherwise. We will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose we see fit without compensation to You.
6. Links to Third Party Websites / Third Party Suppliers
6.1 Our Website contains links to other websites operated, controlled or produced by third parties and third-party providers. Unless otherwise indicated, We do not control, endorse, sponsor, evaluate or approve any, third-party websites or their content nor do We provide any warranty or take any responsibility whatsoever for any aspect of those websites, their content or the products or services they provide.
7. Interference With Our Website
7.1 You must not attempt to change, add to, remove, deface, hack or otherwise interfere with Our Website or any material or content displayed on Our Website. Without limiting the forgoing, You must not add any content to Our Website:
(a) Unless You hold all necessary rights, licenses and consents to do so;
(b) That would cause You or Us to breach any law, regulation, rule, code or other legal obligation;
(c) That is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threating, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) That would bring Us or Our Website into disrepute; or
(e) That infringes the Intellectual Property or other rights of any person.
7.2 You warrant to Us that You have complied with the preceding sub-clause. Should You not comply or act contrary to any of the matters in that sub-clause You agree to indemnify and hold Us harmless against any and all claims, actions, proceedings, losses, damages, expenses and costs including without limitation reasonable legal expenses arising directly or indirectly out of or in connection with Your use of Our Website.
7.3 If You wish to establish a link to Our Website, You must first seek approval from Us and provide the URL of the website that You seek to establish a link from, a brief description of Your website and the reason that You wish to establish a link.
7.4 If We agree to Your proposed link, You must comply with any terms and conditions imposed by Us as a condition of such agreement. If the nature and/or content of Your website changes in any material way, You must contact Us and provide a new description of Your website, so We may assess whether to continue that approval.
8. Descriptions of Product and Services
8.1 We aim to ensure Our services and those of third party providers are described as accurately as possible on Our website, however We do not warrant that any such description provided is accurate. Where We become aware of any misdescription, We reserve the right to correct any misdescription, error or omission.
8.2 Images on Our Website are provided for illustrative purposes only and We do not guarantee that any image will reflect or portray the full design or options relating to any product or service You purchase from us or from a Third-Party Provider.
9. Our Services
9.1 We are a family-owned business that provides the full range of data and electrical services to domestic, industrial and commercial customers.
9.2 Where You acquire services from Us, whether those services are booked through our website or otherwise agreed, We will be entering an agreement with You as to the provision of those services and that will include our standard terms and conditions of trade. We may also require You to execute a service or other agreement with respect to the Services.
10. Orders for Services and Payment and Delivery
10.1 All prices where listed on Our Website are in Australia Dollars (AUD) and are inclusive of GST unless specifically stated otherwise on Our Website. We endeavor to ensure Our price list is current, although reserve the right to amend Our prices at any time.
10.2. Where there is a geographic limit on where We supply our services that is listed on Our Website.
10.3 Unless agreed otherwise in writing with Us:
(a) Once you have submitted an order for services whether through Our Website, by verbal agreement, or accepted a written quotation, You may not cancel or vary that order;
(b) Where there is a due date for payment later than the time of order, if no payment is received by that due date, the service delivery may be terminated at Our discretion and we may seek to recover our fees to the full extent of the law;
(c) Delivery of services will be as set out on Our Website;
(d) Title in any products or services You order passes to You when We have received payment in full for the product or service; and
(e) All risk of loss or damage to the services passes to You when We provide the service to You;
11. Limitation of liability
11.1To the maximum extent permitted by law We exclude all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the content of Our Website and Your reliance on it, Your use of Our Website and/or the performance of Our Website, except to the extent that the loss or damage is directly caused by Our fraud or willful misconduct.
11.2 Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a warranty or guarantee into these Website Legals which may not lawfully be excluded, then provided it is fair and reasonable to do so, Our liability for breach of such a warranty or guarantee shall be limited at its option, to any one or more of the following:
(a) in the case of products: replacement of the products or the supply of equivalent products; repair of the products; payment of the cost of replacing the products or acquiring equivalent products; or payment of the cost of having the products repaired; and
(b) in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.
12.1 We may collect personal information about you from time to time in a lawful and transparent manner and by fair means:
(a) to the extent that it is necessary to provide a product or service, to carry out Our internal administrative operations or to meet relevant regulatory requirements; or
(b) for the purposes of enhancing Our ability to provide improved services or to improve service delivery to You and other persons in the future.
13. General Terms
13.1 These Website Legals are governed by and construed in accordance with the State of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia in respect of any dispute which may arise.
13.2 You must not assign, sublicense or otherwise deal in any way with any of Your rights contained in these Website Legals.
13.3 If a provision of these Website Legals are invalid or unenforceable it is to be read down or severed to the extent necessary without effecting the validity or enforceability of the remaining provisions.
13.4 Unless agreed with You in writing otherwise, these Website Legals constitute the entire agreement between You and Us relating to use of this Website and matters contemplated in it.