The use of these services: First State Smoke Alarm's website provides information and documents about smoke alarm compliance services used by home owners, investors and property managers throughout NSW.
Pre Condition To Use: Do not use this website unless you have read these terms, and accept that they will govern your right to use and access our website and all the documents, links and information contained on it. If you choose to use First State Smoke Alarm's website and use the information on it, then First State Smoke Alarms will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and First State Smoke Alarms and obligations to each other.
Amendment of Terms: First State Smoke Alarms reserves the right to change these terms and conditions of use at any time and those changes shall take effect in respect of all subsequent uses by you of the website. You should therefore check these terms every time before you use the website and only if you accept these terms should you proceed to access and use the documents on the website.
First State Smoke Alarms Does Not Give Fire Safety Advice: Whilst the documents and information have been prepared by experienced electricians and smoke alarm specialists, First State Smoke Alarms are not fire safety specialists. This website is not intended to give you fire safety advice, but is intended to provide you with useful documents, links and information.
Consult Your Fire Safety Specialist: First State Smoke Alarms is not a fire safety specialist firm. First State Smoke Alarms strongly recommends that before you use any information or documents that you retrieve from our website, that you obtain specialist advice on your particular circumstances and the suitability of the services to meet your requirements. Both the documents and the information we provide must necessarily be general and may not cover every situation that might arise.
Different Laws and Changes to the Law: The law may be different in each region in New South Wales of Australia. Also, the law regularly changes. Whilst First State Smoke Alarms tries to keep up to date with these changes, this is not always practically possible and updates may not be immediate. As stated above, First State Smoke Alarms recommends that you always consult your fire safety specialist before using any information downloaded or retrieved from First State Smoke Alarms' website.
Limitation On First State Smoke Alarms Liability: This only applies if you are not a consumer within the meaning of that term in the Competition and Consumer Act 2010 (Cth). If you are not a consumer for the purposes of Schedule 2 Part 3.2 of the Competition and Consumer Act 2010 (Cth), then it is an essential pre-condition to you using First State Smoke Alarms' website that you agree and accept that First State Smoke Alarms is not legally responsible for any loss or damage (including consequential loss) you might suffer related to your use of the site, whether from errors or from omissions in our documents or information or from any other use of the website. In short, your use of the site is at your own risk.
Links To Other Websites: First State Smoke Alarms may provide on its website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between First State Smoke Alarms and the owners of those websites. First State Smoke Alarms takes no responsibility for any of the content found on the linked websites. First State Smoke Alarms website may contain information provided by third parties. First State Smoke Alarms accepts no responsibility whatsoever for information or advice provided to you directly by third parties.
Competition and Consumer Act 2010 (Cth): First State Smoke Alarms provides all of the Consumer Guarantees contained in the Competition and Consumer Act to the extent to which they apply to this agreement between you and First State Smoke Alarms but not otherwise. Nothing in these standard terms and conditions are intended to exclude any applicable Consumer Guarantees. Where the Consumer Guarantees do apply and there has been a breach of any of those Consumer Guarantees then First State Smoke Alarms relies on Section 64A of the Competition and Consumer Act. In that respect, First State Smoke Alarms' liability to you for any breach of a Consumer Guarantee is limited to:-
(i) Where there is a supply of goods, to the replacement or resupply of equivalent goods, or the payment to you of the cost of replacing the goods or acquiring equivalent goods.
(ii) Where there is a supply of services, to the supply to you of the services again or the payment of the costs of having the services supplied to you again.
Third Parties Can Not Use Your Information: First State Smoke Alarms does not sell or deal in personal or customer information. First State Smoke Alarms may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. First State Smoke Alarms may use the information that you provide to improve its website and its services.
First State Smoke Alarms May Disclose: First State Smoke Alarms may disclose information in good faith and where First State Smoke Alarms is required to do so:-
(i) by law or by any court;
(ii) to enforce the terms of any of our customer agreements;
(iii) to protect the rights, property or safety of First State Smoke Alarms, its customers or third parties; or
(iv) to banks or financial institutions with the purpose of preventing fraud and as proof of any transaction.
Jurisdiction: This agreement and this website are subject to the laws of Australia in the state of New South Wales. If there is a dispute between you and First State Smoke Alarms that results in litigation then you submit to the jurisdiction of the relevant courts of Australia in the state of New South Wales.
Copyright And Restriction of Use: You are not permitted to reproduce the documents, information or materials on the First State Smoke Alarms website for the purposes of conducting a business competitive with or similar to the business of First State Smoke Alarms. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the information or documents that you download from its website where that activity is part of a business that is competitive with or similar to the business of First State Smoke Alarms. Otherwise you are permitted to download a copy of the information or documents and retain them on computers used in your business for any legitimate or proper purpose of conducting your business. You are also permitted to provide copies to your legal practitioners in electronic form for their amendment, modification or re-drafting. First State Smoke Alarms expressly reserves all copyright in its website and in all documents and information on its website.
Trademarks and Restriction of Use: You are not permitted to use any trademarks, tradenames, graphics or designs that are on First State Smoke Alarms' website. If you breach First State Smoke Alarms' trade marks then First State Smoke Alarms reserve the right to take action against you.
Exclusion of Competitors: If a principal part of your business is the sale of smoke alarm compliance, servicing, repair or replacement, then you are a competitor of First State Smoke Alarms. First State Smoke Alarms expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then First State Smoke Alarms will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. First State Smoke Alarms reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
Whole Agreement: These terms and conditions represent the whole agreement between you and First State Smoke Alarms concerning your use and access to First State Smoke Alarms' website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which can not be expressly excluded are hereby expressly excluded.
Exclusion of Unenforceable Terms: Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in New South Wales, then such a clause shall not apply and shall be deemed never to have been included in these terms and conditions. Such a clause if legal and enforceable shall continue to be fully enforceable and part of this agreement. The deemed excision of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.