Please read these terms and conditions carefully before using this Site.
1 Who we are and how to contact us
1.1 Firelogbooksaustralia.com.au is a website (Site) operated by Fire Logbooks Australia Pty Ltd ACN 617 351 989 of 43 Glenlea Drive, Maroochydore, Queensland Australia (we, us and our).
1.2 The Site allows visitors to purchase fire logbooks to assist with compliance with various safety standards in relation to the reliability of fire protection systems and equipment (Goods).
1.3 To contact us, please email [email protected].
2 By using our Site you accept these terms
3 We may make changes to these terms
3.1 We may amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
3.2 These terms were most recently updated in September 2020.
4 We may make changes to our Site
We may update and change our Site from time to time to reflect changes to our products, our users’ needs, changes in law and our business priorities.
5 We may suspend or withdraw our Site
5.1 Our Site is made available free of charge.
5.2 We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
6 Eligibility to use our Site
Our Site is directed to users who are at least 18 years old, are fire industry professionals, and are residing in and using this Site within Australia. We do not represent that content available on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia, you do so at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.
7 You must keep your account details safe
7.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
7.3 You must not share your user identification code or password with any other person or allow them to access the Site using your user identification code or password.
7.4 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
8 How you may use material on our Site
8.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal non-commercial use in connection with purchase of the Goods and you may draw the attention of others to content posted on our Site.
8.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics.
8.4 Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
8.5 You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
8.7 If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
8.8 You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Site.
9 Do not rely on information on this Site
9.1 This Site is provided on an ‘as is’ and ‘as available’ basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.
9.2 The content on our Site is provided for general information only. It is not advice on which you should rely.
9.3 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
10 We are not responsible for websites we link to
Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
11 Limitation of liability
11.1 In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any Goods, services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11.2 Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
11.3 You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the Site, including your use of any information obtained from the Site and any use of the Site’s content, services and products other than as expressly authorised in these terms.
12 We are not responsible for viruses
12.1 We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.
12.2 You are responsible for configuring your technology to access our Site. You should use your own antivirus software.
13 Rules about linking to our Site
13.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out in clause 12.
13.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.3 Our Site must not be framed or mirrored on any other Site, nor may you create a link to any part of our Site other than the home page.
13.4 We reserve the right to withdraw linking permission without notice.
13.5 If you wish to link to or make any use of content on our Site other than that set out above, please contact [email protected].
14 Australian law applies to disputes
15 Our trade marks
‘Fire Logbooks Australia’ and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our affiliates or licensors. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under clause 8. ‘National Fire Industry Association Australia’ and other names, logos, product and service names, designs and slogans on this Site are the trade marks of their respective owners and are used by us under licence.
16 Prohibited uses
16.1 You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:
(a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
(b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
(c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in clause 12 of these terms;
(d) to transmit, or procure the sending of, any advertising or promotional material, including any ‘junk mail’, ‘chain letter’ or ‘spam’ or any other similar solicitation;
(e) to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
(f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
16.2 Additionally, you agree not to:
(a) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
(b) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
(c) use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
(d) use any automatic or manual process to reverse engineer or decompile any part of the Site;
(e) use any device, software or routine that interferes with the proper working of the Site;
(f) introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
(g) attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
(h) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
(i) otherwise attempt to interfere with the proper working of the Site.
16.3 We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
17.1 Without limiting clause 11, we warrant to you that the Goods will be provided using reasonable care and skill.
17.2 The Goods are designed to assist with compliance with the Australian Standards, Australian Building Codes and where applicable the Queensland Development Code, however the use of the Goods does not guarantee compliance with any Standard, Code, or any other legal requirement.
17.3 Goods will be dispatched by courier within 5 working days of the purchase being received by us.
17.4 If the Goods are unable to dispatched within 5 working days of the purchase being received by us, you will be contacted by e-mail to advise of any delay. If you do not accept the extended delivery time you may seek a full refund.
17.5 Standard Logbooks in good condition may be returned to us for credit within three business days of you receiving the Goods. You are responsible for the cost of freight to return the Goods to us.
17.6 Personalised Logbooks that have either personalised covers or are fully branded logbooks may not be returned unless the Goods are faulty. A proof will be supplied for all Personalised Logbooks. Once the proof has been approved by the client, Fire Logbooks Australia cannot be held responsible for any errors not noted at the time of approval.
17.7 Faulty or damaged logbooks will be replaced free of charge, please contact us at [email protected] to arrange for replacement.
17.8 Nothing in these terms and conditions is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of the Australian Consumer Law.
17.9 We may offer new or additional goods and services from time to time. Your use of those new services or purchase of those new goods may be subject to different terms and conditions to these. Provided the terms and conditions governing the new services are notified to you, your breach of a material provision of those terms and conditions will amount to a breach of these terms and conditions as well.
18.1 The purchase price is payable by the due date indicated on your invoice. The purchase price will be payable by you, without any offset or deduction, prior to the Goods being sent to you.
18.1 The purchase price may have a goods and services tax component which will be displayed on your invoice.
18.2 We accept payments made by bank transfer, PayPal, Stripe or credit card (Visa or Mastercard only). Payments of $5,000 or more made over the telephone by credit card incur a non-refundable surcharge of 3.6% of the payment amount.
18.3 If you provide details of a credit card you warrant that you are entitled to use the card and that the account to which the card is attached has sufficient funds to cover the charges which are to be deducted from it.
18.4 We reserve the right to change the purchase price in respect of the Goods at any time in our absolute discretion.
19.1 If you breach these terms and conditions, we may:
(a) refuse to supply the Goods to you;
(b) suspend or terminate your access to the Site or parts of it; and
(c) take whatever action we consider appropriate to recover any direct, indirect or consequential loss, damage or expenses that we have incurred or suffered as a result of your breach.
20 Other terms and conditions
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these terms.
21.1 Our failure to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision. If any provision of these terms and conditions is invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.