Smoke Alarm Solutions Pty Ltd (ABN 97 604 793 688) and its Related Bodies Corporate (Smoke Alarm Solutions).
- how and when Smoke Alarm Solutions collects personal information;
- how Smoke Alarm Solutions uses and discloses personal information;
- how Smoke Alarm Solutions keeps personal information secure, accurate and up-to-date;
- how an individual can access and correct their personal information; and
- how Smoke Alarm Solutions will facilitate or resolve a privacy complaint.
If you have any concerns or complaints about the manner in which your personal information has been collected, used or disclosed by us, we have put in place an effective mechanism and procedure for you to contact us so that we can attempt to resolve the issue or complaint. Please see paragraph 10 for further details.
We can be e-mailed at [email protected], contact us on 1300 852 301 or write to us at PO Box 1591, Toombul Qld 4012 and our privacy officer will then attempt to resolve the issue.
We recommend that you keep this information for future reference.
What is personal information?
The Privacy Act 1988 (Cth) defines “personal information” to mean information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is reasonably identifiable, from the information or opinion.
What is Sensitive Information?
Sensitive information is a subset of personal information. It means information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political organisation, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information about an individual, genetic information, biometric information that is to be used for the purpose of automated biometric verification or biometric identification or biometric templates.
In general, we attempt to limit the collection of sensitive information we may collect from you, but depending on the uses you make of our products this may not always be possible and we may collect sensitive information from you in order to carry out the services provided to you. However, we do not collect sensitive information from you without your consent.
The type of sensitive information we may collect from you or record about you is dependent on the services provided to you by Smoke Alarm Solutions and will be limited to the purpose(s) for which it is collected. We do not use sensitive information to send you Direct Marketing Communications (as defined in paragraph 6 below) without your express consent.
Consent to collection of certain types of sensitive information
We may collect certain types of sensitive information where you have consented and agree to the collection of such information.
Collection of your personal information
We only collect personal information that is necessary for what we do and we hold the personal information we collect within our own data storage devices or with a third party provider of data storage. The type of information we may collect from you includes depends ultimately upon the purpose of collection and we set out the general purposes of collection at paragraph 4 below.
The type of information we may collect from you includes (but is not limited to) the following:
your contact information such as full name (first and last), e-mail address, current postal address, delivery address (if different to postal address) and phone numbers;
details of the property address to be enrolled in the service, contact information of the property’s occupants (such as full name, e-mail address, phone numbers), contact information of who manages the property;
information concerning or relating to your purchases of goods or services over this website;
financial and billing information (such as a credit card number /expiration date / security code, bank account details, billing address, repayment information and invoice details and purchasing history);
proof of your identity (including, but not limited to, date of birth, driver’s licence, passport, birth certificate);
your opinions, statements and endorsements collected personally or via surveys and questionnaires, including but not limited to your views on the products and services offered by Smoke Alarm Solutions; and
your participation in, or response to, our marketing and promotional activities, such as entering into a promotional contest
When you engage in certain activities, such as entering a contest or promotion, filling out a survey or sending us feedback, we may ask you to provide certain information. It is completely optional for you to engage in these activities.
Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary. If you do not provide the mandatory data or any other information we require in order for us to provide our services to you, we may be unable to effectively provide our services to you.
If you use our website, we may utilise "cookies" which enable us to monitor traffic patterns and to serve you more efficiently if you revisit our website. A cookie does not identify you personally but may identify your internet service provider or 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.
We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our services. This information does not identify you personally.
if required, the verification of your identity;
the provision of our products and services to you, which shall include but is not limited to:
the administration and management of our products and services, including charging, delivery, billing, credit card authorisation and verification, checks for financial standing, credit-worthiness (including but not limited to undertaking an assessment for credit loss and obtaining credit references, if applicable), fraud and collecting debts; and
to offer you updates, or other content or products and services that may be of interest to you;
to facilitate the administration and management of Smoke Alarm Solutions, including but not limited to the use of your personal information collected in accordance with paragraph 3.1 in the administration and management of Smoke Alarm Solutions;
the improvement of our services (including to contact you about those improvements and asking you to participate in surveys about our products and services);
the maintenance and development of our products and services, business systems and infrastructure;
marketing and promotional activities by us and our related bodies (including by direct mail, telemarketing, email, SMS and MMS messages) such as our customer loyalty programs and newsletters;
to provide customer service functions, including handling customer enquiries and complaints, to offer you updates, or other content or products and services that may be of interest to you
our compliance with applicable laws;
the sale, and matters in connection with a potential sale, of our business or company to a third party; and
any other matters reasonably necessary to continue to provide our products and services to you.
when it is disclosed or used for a purpose related to the primary purposes of collection detailed above and you would reasonably expect your personal information to be used or disclosed for such a purpose;
if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious or imminent threat to an individual’s life, health or safety or to lessen or prevent a threat to public health or safety;
if we have reason to suspect that unlawful activity has been, or is being, engaged in; or
if it is required or authorised by law.
The types of organisations to which we may disclose your personal information
offshore service providers, if any;
related entities and subsidiaries of Smoke Alarm Solutions;
third parties, such as eWAY Payment Gateway for processing online payment card transactions for payment of orders;
third parties, such as service providers who install, maintain or service smoke alarms purchased via this website, including but not limited to electrician and installers; and
our contractors and agents, including but not limited to our suppliers and distributors, or other companies who assist us in providing our products and services to you.
You expressly consent to us using your personal information, including any email address you give to us, to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) (Direct Marketing Communications) which we consider may be of interest to you.
Without limitation clause 6.1, if it is within your reasonable expectations that we send you Direct Marketing Communications given the transaction or communication you have had with us, then we may also use your personal information for the purpose of sending you Direct Marketing Communications which we consider may be of interest to you.
If at any time you do not wish to receive any further Direct Marketing Communications from us, you may ask us not to send you any further information about products and services and not to disclose your information to other organisations for that purpose. You may do this at any time by using the “unsubscribe” facility included in the email or by contacting us via the details set out at the top of this document.
Any personal information provided to Smoke Alarm Solutions may be transferred to, and stored at, a destination outside Australia, including but not limited to New Zealand where we may utilise overseas data and website hosting facilities or have entered into contractual arrangements with third party service providers to assist Smoke Alarm Solutions with providing our goods and services to you. Personal information may also be processed by staff or by other third parties operating outside Australia who work for us or for one of our suppliers, agents, partners or related companies.
If you do not agree to the transfer of your personal information outside Australia, please contact us by via the details set out at the top of this document.
Data quality and security
We have taken steps to help ensure your personal information is safe. You will appreciate, however, that we cannot guarantee the security of all transmissions or personal information, especially where the Internet is involved.
Notwithstanding the above, we will take reasonable steps to:-
make sure that the personal information we collect, use or disclose is accurate, complete and up to date;
protect your personal information from misuse, loss, unauthorised access, modification or disclosure both physically and through computer security methods; and
destroy or permanently de-identify personal information if it is no longer needed for its purpose of collection.
However, the accuracy of personal information depends largely on the information you provide to us, so we recommend that you:
let us know if there are any errors in your personal information; and
keep us up-to-date with changes to your personal information (such as your name or address).
Access to and correction of your personal information
You are entitled to have access to any personal information relating to you which we possess, except in some exceptional circumstances provided by law. You are also entitled to edit and correct such information if the information is inaccurate, out of date, incomplete, irrelevant or misleading.
If you would like access to or correct any records of personal information we have about you, you are able to access and update that information (subject to the above) by contacting us via the details set out at the top of this document.
We have put in place an effective mechanism and procedure to resolve privacy complaints. We will ensure that all complaints are dealt with in a reasonably appropriate timeframe so that any decision (if any decision is required to be made) is made expeditiously and in a manner that does not compromise the integrity or quality of any such decision.
If you have any concerns or complaints about the manner in which we have collected, used or disclosed and stored your personal information, please contact us by:
• Telephone: 1300 852 301
• Email: [email protected]
• Post: PO Box 1591, Toombul Qld 4012
Please mark your correspondence to the attention of the Privacy Officer.
In order to resolve a complaint, we:
will liaise with you to identify and define the nature and cause of the complaint;
may request that you provide the details of the complaint in writing;
will keep you informed of the likely time within which we will respond to your complaint; and
will inform you of the legislative basis (if any) of our decision in resolving such complaint
We will keep a record of the complaint and any action taken in a Register of Complaints.
Terms & Conditions
By using Smoke Alarm Solutions’ (herein collectively referred to in this document as ‘Smoke Alarm Solutions’, ‘We’, ‘Our’, and/or ‘Us’) services (‘Services’) you acknowledge that you have read and understood these terms and conditions (‘Terms and Conditions’) and agree to be bound by them.
Access to and use of any information provided in our materials or on this website and dealings made with Smoke Alarm Solutions are conditional upon your acceptance of these Terms and Conditions.
We recommend that you read these Terms and Conditions carefully and print out and keep a copy of them for your future reference. By using our site our any of our Services, you confirm that you accept these Terms and Conditions and that you agree to comply with them. If you do not wish to accept any part of these Terms and Conditions then you may not use our Services or website or any of our associated applications.
By using our Services, you warrant to us that:
- You will not use any of our material or information on our website for any purpose that is unlawful or prohibited by these Terms and Conditions;
- You are at least eighteen (18) years old and have the legal authority to use this website in accordance with these Terms and Conditions;
- You agree to be financially responsible for all charges, fees and other sums of whatever nature which arise out of your use of our Services or our website; and
- All information that you provide about yourself and about anyone else is true and accurate.
We offer the following service packages:
1. Smoke Alarm Solutions Annual Services (‘Services’)
(a) $79 Diamond Annual Smoke Alarm Service includes the following for a period of twelve (12) months per each property enrolled with Us for Services (‘Enrolled Property’):
(i) Unlimited inspections as per legislative requirements and for faulty alarms that need attention;
(ii) Unilimted free battery replacements of both 9 volt and 240 volt (hard wired) smoke alarms which become expired or faulty in order to ensure compliance with legislative requirements; and
(iii) Unlimited Free 9 Volt battery replacements, when found to require attention during an inspection by Us.
Please note that additional costs will apply for the replacement of missing or damaged smoke alarms. Further, We confirm that should the property require any additional smoke alarms in order to ensure that the property is fully compliant with all legislative requirements, additional costs will apply for the alarm, fitting costs, travel time and technician work (i.e. labour) as well as any other charges reasonable in the circumstances,
(b) $99 Platinum Annual Smoke Alarm Service includes the following for a period of twelve (12) months per Enrolled Property:
(i) Unlimited inspections of both 9 volt and 240 volt (hard wired) smoke alarms that are required for compliance and become expired or faulty in order to ensure compliance with legislative requirements; and
(ii) Unlimited free replacements of both 9 volt and 240 volt (hard wired) smoke alarms.
Please note that this service includes the free installation/ replacement of any smoke alarms required for legislative requirements.
(c) $149 Gold Total Compliance Service includes the following for a period of twelve (12) months per Enrolled Property:
(i) Unlimited inspections of smoke alarms as required by applicable legislation and for faulty alarms requiring attention;
(ii) Unlimited free battery replacements of both 9 volt and 240 volt (hard wired) smoke alarms when found to require replacement on inspection; and
(iii) Safety switch test and blind cord compliance.
For further details on our blind cord compliance service please see clause 8 of these Terms and Conditions: ‘Blind Cord Compliance’.
Please note that there are no free smoke alarms included and that all alarms, which must be fitted in order to comply with legislative requirements, are to be paid for in full prior to attendance of our technician to the premises and will be charged at an additional cost to the Annual Service Fee (as defined in clause 4 of these Terms and Conditions), the amount of which as at the date that these Terms and Conditions were last updated is $149 plus GST. This amount is subject to change at Our sole discretion.
(d) $169 Diamond Total Compliance Service includes the following for a period of twelve (12) months per Enrolled Property:
(i) Unlimited inspections of smoke alarms as required by legislation and for faulty alarms requiring attention;
(ii) Unlimited free battery replacements of both 9 volt and 240 volt (hard wired) smoke alarms that become expired or faulty or are required for compliance with legislative requirements; and
(i) The free installation/replacement of any smoke alarms required for compliance; and
(ii) Safety switch test and blind cord compliance.
For further details on our blind cord compliance service please see clause 8 of these Terms and Conditions: ‘Blind Cord Compliance’.
(e) $189 Platinum Total Compliance Service includes the following for a period of twelve (12) months per Enrolled Property:
(i) Unlimited smoke alarm inspections as per legislative requirements and for faulty smoke alarms that need attention;
(ii) Unlimited free battery replacements of both 9 volt and 240 volt (hard wired) smoke alarms that are required for legislative compliance and become expired or faulty; and
(iii) Safety switch test and blind cord compliance.
Please note that this service includes the free installation/replacement of any smoke alarms required for compliance with legislative requirements.
Please note that all of the prices as detailed above in this clause 1 are inclusive of GST.
2. Standard of Smoke Alarm
We confirm that all of the Smoke Alarms that We fit both:
(a) comply with Australian Standard AS 3786-1993 or Australian Standard AS 3786-2015;
(b) have the Standards Australia Mark or are Scientific Services Laboratory (SSL) certified;
(c) are registered with the Activfire Scheme administered by the Commonwealth Scientific and Industrial Research Organisation;
(d) We reserve the right to replace faulty, expired, missing or damaged smoke alarms with an alternative brand to that of the smoke alarm when initially installed; and
(e) We will not cover the cost to rectify any electrical cabling issues, which cause alarms to become inoperable or ineffective.
3. Annual Service Fees
(a) All of the fees applicable to our Services (‘Annual Service Fees’) are payable via invoice which will be issued following the initial inspection undertaken by Us.
(b) All Annual Service renewal invoices will be made available via our online client portal or issued via email one (1) month prior to the expiry of the period of twelve (12) months following the initial inspection date (‘Anniversary Date’).
(c) In the event that the invoice is not paid within thirty (30) days of the Anniversary Date, the relevant property will be made inactive in our system and no further services will be provided until such time as payment has been received in full.
(d) We confirm that We will not re-attend a property that has an inactive status, until the outstanding invoice has been paid in full.
(e) The Annual Service Fee will not, under any circumstance, be refunded whether in full or in part in the event of a cancellation of the Service, property transfer, damage and/or destruction to the property.
4. Service Upgrade
(a) Our Services cannot be upgraded to include free alarms after Our initial visit to an Enrolled Property has been completed.
(b) You may only upgrade the Annual Service that your property is enrolled in in the following circumstances:
(i) Following the twelve (12) month annual period, you may decide to choose a different Service provided that issues identified by Us in the first twelve (12) period have been rectified in order to ensure that the property is compliant with legislative requirements; or
(ii) At any point throughout the period as outlined above at point 5 (b) (i);
(iii) mid way through the Annual Service period, a client can upgrade their Annual Service to a different package in respect of any Enrolled Property provided that:
(A) the issues identified by Us in previous inspections have been rectified in order to ensure that the property is compliant with legislative requirements; and
(B) payment of the new chosen Annual Service is paid minus the value remaining in the current Annual Service plan,
(c) Once the landlord or agent agrees to the Upgrade:
(i) the Annual Service period for the specific service will start (‘Upgrade Date’);
(ii) A new invoice will be issued thirty (30) days prior to the twelve (12) month period following the Upgrade Date; and
(iii) The Upgrade Date will become the new Annual Service renewal date.
5. Payments and Fee increases are subject to change
(a) Prices for our Services are expressed in Australian dollars and are subject to change without notice. However, we will endeavour to provide you with reasonable notice prior to any changes.
(b) Prices as outlined within clause 1 of this document are based on the current price of smoke alarms and brands currently used.
(c) In order to ensure that the cost associated with the maintenance and replacement (where applicable) of smoke alarms are absorbed within the Annual Service Fees, We confirm that the above prices for Our Services are subject to change at any point. You agree to pay the then current fee for the relevant Service package at the time you are notified of the increase by continuing to use Our Services.
6. Legislative Requirements
(a) Our Services cover compliance requirements for smoke alarms in accordance with applicable legislation and regulations current as of 1 June 2016.
(b) The prices and services stipulated do not cover price increases caused as a result of any amendment to the current legislation or regulations.
(c) More particularly, should the Fire and Emergency Services (Smoke Alarms) Amendment Bill 2015 (QLD), the Fire and Emergency Services (Domestic Smoke Alarms) Amendment Bill 2016 (QLD), the Residential Tenancies Legislation Amendment Act 2016 (ACT) or any other amendment to state based or federal legislation result in a substantial increase in costs on Our part, such additional costs will be charged in addition to the Service fees detailed at clause 1 of these Terms and Conditions.
(d) Our fees are subject to change as a result of any increase. We will endeavour to mitigate the increase in fees to Our customers however, as confirmed above, the Services offered are only currently applicable to the compliance required by legislation as at 29 February 2016. We confirm that a substantial change in the requirement for the type of smoke alarm and number of smoke alarms utilised in a residential property, our fees will increase.
(e) Our Services as outlined above do not cover any amendments to type of alarm, interconnection or upgrades required as a result of any update to applicable legislation. In the event that we are required to change the brand of the installed smoke alarm due to legislative or regulatory amendments, an additional charge will be payable by the individual who has requested Our Services.
7. Safety Switch Testing
(a) When we carry out Safety Switch Testing
Smoke Alarms Solutions carries out a Safety Switch Function Test (‘Safety Switch Test’) when requested and in conjunction with a scheduled smoke alarm inspections.
We will not carry out Safety Switch Testing in the instance where we are simply attending to a faulty or beeping alarm that needs attention, nor will we attend a property to carry out a Saftey Switch Test as an individual service.
Prior to a smoke alarm inspection, We will issue an entry notice to a tenant/ that advises of our attendance and intention to test the safety switch and as such, it is a tenant’s responsibility to unplug devices at the property prior to our attendance.
(b) What is involved with Safety Switch Testing
(i) Safety switch testing involves the monitoring of the flow of electricity though a circuit and ensures that the circuit turns off in a fraction of a second in the event of a leakage or current detected;
(ii) When we carry out Safety Switch Testing, we ensure that all individuals within the premises of whose presence we are aware of are made aware that we are carrying out Safety Switch Testing. We will also ensure that the occupants of the property are aware that they must inform others coming in and out of the property that Safety Switch Testing is being carried out;
(iii) In particular, we ensure that individuals on the property are aware that if they are using an electrical/electronic device such as a computer, tablet, phone or other such device (‘Device’) or using a Device to record something on the television or via another medium that this may be interrupted by the testing work and recordings may as such, be lost due to the testing process cutting power to circuits which provide devices with power that are connected to the safety switch; and
(iv) We test a Safety Switch Test by pressing the ‘T' or 'Test' button located on the safety switch. If it flicks off and cuts the power, we turn the safety switch back on.
(c) What is involved NOT with Safety Switch Testing
We do not:
(i) check to determine which lights or appliances are switched off that are protected by the safety switch;
(ii) accept any liability for any damage to any appliance or computer which happens as a result of the safety switch testing nor do we accept liability for the loss of any information which was not saved or could not be restored on a Device as a result of safety switch testing;
(iii) test the time it takes for the safety switch to turn off the power; and
(iv) accept any liability if safety switch does not function fully in terms of not turning off or not turning power back on following the Safety Switch Test.
8. Blind Cord Safety Compliance
(a) Smoke Alarm Solutions also offers a Blind Cord Compliance Service (‘Blind Cord Service’).
(b) We confirm that this service fully complies with Our obligations pursuant to the Trade Practices (Consumer Product Safety Standard – Corded Internal Window Coverings) Regulations 2010 (Cth) (‘Regulations’).
(c) We also confirm that this service involves our technicians taking action to bring the blind cords up to the Competition and Consumer Corded Internal Window Coverings Safety Standard 2014 (Cth) (‘Standard’) which relates to the installation of corded blinds.
(d) Please note that the mandatory safety standards incorporated within the Regulations and to comply with the Standard do not apply to blinds that are already installed. Therefore we are not obliged to replace existing blinds, although we will bring it to your attention should we notice damage to the blind.
(e) Our Blind Cord Service involves our technicians taking action to bring the blind cords up to the standards required under the Regulations. Please note that within this service, we do not replace the blinds.
(f) In order to bring blind cords within the mandatory standards pursuant to the Regulations, we install four (4) devices as follows:
(i) Cord Guide;
(iii) Tensioning devices; and
(iv) Warning Labels.
Please note that both of the abovementioned devices require the occupant(s) of the relevant property to take action to tie the blind cord. In the event that the occupant(s) does not carry out this action, We do not accept any liability for damage, injury or death caused by a deficiency in the cord to the extent permitted under relevant legislation.
We confirm that we will not fix or replace any device that is currently installed. Furthermore, we will not carry out Our Blind Cord Compliance Service on an already broken or tampered with blind.
9. Smoke Alarm Solutions Competitor Takeover
(a) We provide a Competitor Takeover Service whereby we will attend a property that is currently enrolled with a competitor of Ours and service the property’s smoke alarms free of charge until the expiry of the agreement between the agent or landlord and their current provider (‘Competitor Takeover Service’).
(b) Properties enrolled under our Competitor Takeover Service, will be provided with the conditions of either our $79 or $99 Annual Service plan inclusions as per clause 1of these Terms and Conditions. We will not offer any free replacement smoke alarms or additional smoke alarms that are required to deem the property compliant, during the takeover period.
(c) Once the agreement with the client’s current provider has come to an end, Smoke Alarm Solutions will offer the client the opportunity to purchase one (1) of the annual services that We offer. Once the first annual service fee has been paid, clients are then entitled to the inclusions as provided by either of the following Annual Services:
(i) $99 Platinum Annual Smoke Alarm Service; or
(ii) the $79 Diamond Annual Smoke Alarm Service.
(d) In the event that an alarm is required prior to the fee for the annual renewal of the service being paid, the client has the option to either:
(i) bring forward the annual renewal date and pay the invoice; or
(ii) pay for the alarm at the current pricing schedule
Please note that we will only replace smoke alarms that are required for compliance under current State and Federal legislation. Should a client choose not to renew the annual service with us, a one-off cost of fifty dollars ($50.00) will be applied to cover the costs for the initial inspection at the property.
(a) We collect information from you with respect to the keys for the properties we service including their location and what property the keys may be utilised for.
(b) We confirm that all information relating to the collection, utility and location of the keys for the property (‘Key Information’) remains confidential and is only used for the purpose of providing you with our Services
(c) The Key Information is held in a secure system on our database.
(d) Smoke Alarm Solutions does not except any responsibility for any damage to or loss of keys following the keys being collected and returned to you by Our technician. Please note that a record is kept on Our database to track when Our technicians return the keys to You.
11. Water Meter Photographs
(a) In addition to the Services we offer, Smoke Alarms can also provide water meter readings as an additional service (‘Water Meter Photograph Service’).
(b) The Water Meter Photograph Service involves one of Our technicians locating the Water Meter on the premises and taking a photograph of the current meter reading
(c) This Water Meter Photograph Service can only be completed during:
(i) initial inspections; and/or
(ii) lease renewals in conjunction with when a smoke alarm test is being provided.
(d) Smoke Alarm Solutions will make all reasonable efforts to locate water meters however, We are not responsible for locating them. The location of water meters must be stated on work orders. If We cannot locate a water meter upon Our first visit to the property, We will not return to carry out the Water Meter Photograph Service again.
(e) Smoke Alarm Solutions are not liable for any claims relating to water usage due to the Water Meter Photograph Services.
By consenting to these Terms and Conditions by using Our Services and providing us, or otherwise allowing us to collect, your personal information with respect to Our Services, you consent to us using and disclosing your personal information for the purposes for which it was collected, and for related or ancillary purposes. We use information held about you in the following ways:
(a) Carrying out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
(b) Providing you with information about other goods and services that we offer that are similar to those that you have already purchased or enquired about;
(c) Providing you, or permitting selected third parties to provide you, with information about goods or services that we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data;
(d) Notifying you about changes to Our Services; and
(e) Ensuring that content from Our site is presented in the most effective manner for you and for your computer.
(a) During the performance of Our Services, We may wish to send messages and documents electronically (‘Electronic Communication’).
(b) By consenting to these terms and conditions, you acknowledge that Electronic Communication carries with it the possibility of inadvertent misdirection, interception or non-delivery of confidential material.
(c) If you do not consent to the use of Electronic Communication in the course of Us providing the Services, you should notify us in writing at PO Box 1591, Toombul, QLD, 4012.
(d) We take website and Electronic Communication security very seriously and we are committed to safeguarding your information. We conduct various physical, electronic, administrative and managerial security procedures in order to protect personal information and Electronic Communications from loss, misuse and from unauthorised access, modification, disclosure and interference.
(e) Smoke Alarm Solutions does not accept responsibility and will not be liable for any damage or loss caused in connection with the interception or corruption of an Electronic Communication or if it contains a computer or electronic virus.
(f) We are not liable for any damage or loss arising as a result of any unauthorised copying, recording, reading or interference with an Electronic Communication , for any delay or non-delivery of any Electronic Communication and for any damage caused by your system or any files by any Electronic Communications.
14. Provision of Incorrect information
By consenting to and accepting these Terms and Conditions, you acknowledge the following:
(a) Any errors relating to dates, tenant details and addresses provided by you may delay the completion of servicing (‘Delay’);
(b) It is not the responsibility of Smoke Alarm Solutions to ensure that the information you provide is correct; and
(c) Smoke Alarm Solutions will not be liable to pay any damages arising from a Delay or any incident which may occur prior to our attendance at the property as a result of a Delay.
15. Construction Age & Building Class
(a) When you request that We provide a Services that We offer, We confirm that you are asked to provide details of the property that the Service policy relates to and where the smoke alarms are located (‘Property Details’).
(b) The Property Details include the following with respect to the relevant property:
(ii) Compliance Statement;
(iii) Age; and
(iv) Building Class.
(c) Smoke Alarm Solutions does not accept and will not be held responsible for incorrect assessments of building age or building class which may affect compliance with legislative requirements.
(d) By consenting to these Terms and Conditions, you acknowledge that it is your responsibility to notify Us of the Property Details and of any substantial changes to these details. In particular, you must notify us if there is any doubt as to the validity of the compliance statement for the property.
16. Call Out Charges
(a) We offer a 24 Hour Emergency Service for eligible clients.
(b) Smoke Alarm Solutions will under no circumstance pay an invoice that has been raised by an independent unrelated contractor or another service provider due to attending to nuisance smoke alarms at an Enrolled Property.
(c) We will not be held liable for any damage caused by any third party who gains access with force or otherwise, in order to gain access to a property with a sounding smoke alarm where the occupant is not home or unable to stop the alarm from sounding.
(d) An additional charge will apply when our technicians are called out to attend to a smoke alarm between the hours of 5 pm Friday to 8:30am Monday where the Client is not covered by Our 24 Hour Emergency Service.
(e) In the event that the client and/or premises are enrolled in the twenty-four (24) hour emergency service, the call out charge will not apply.
(f) The call out charge will be in the sum of $250.
(g) We confirm that our technicians will make an assessment of the smoke alarm once they have arrived at the premises. In the event that the alarm is faulty or defective due to the fault of our technician, we confirm that the call out charge will not be payable.
17. Buildings other than 1a
(a) Smoke Alarm Solutions specialise in the inspection and compliance of smoke alarms within Class 1a residential properties and sole occupancy within Class 2 buildings. Under no circumstances will we attend a property to carry out smoke alarm services or maintenance on properties outside of these classes.
(b) Class 1a properties consist of a single dwelling property being a detached house, or row of house, duplexes, town houses, terrace houses or villa units where attached dwellings are separated by a fire resisting wall.
(c) Sole occupancy properties are properties with not more than one (1) occupant residing in the property:
(d) Class 2 buildings include apartments, home units and flats in a building containing two (2) or more units.
(e) If we attend a property and we deem it to be a property that is not a Class 1a property or a sole occupancy property within a Class 2 building, we will not:
(i) perform any compliance work;
(ii) issue an invoice; or
(iii) issue a compliance report.
(e) However, Smoke Alarm Solutions reserves the right to offer a compliance service whereby Class 2 buildings can be deemed compliant in the future
(f) We confirm that our Services do not cover commercial buildings or ‘1b dwellings’ (‘1b Dwellings’).
(g) 1b Dwellings require smoke alarms:
(i) in every bedroom; and
(ii) in every corridor or hallway associated with a bedroom; and
(iii) in any other storey not containing bedrooms, in the area of the stairway (exit path) between each level.
(h) 1b Dwellings include the following types of properties:
(i) boarding houses;
(ii) guest houses;
(iii) hostels; and
(iv) holiday cabins.
Smoke Alarm Solutions, its employees, agents and subcontractors will keep confidential all data and other information which comes into their possession as a result of the performance of our Services.
Any failure by Us to exercise or enforce any right or provision under these Terms and Conditions will not constitute a waiver of that right or provision. Any waiver of any provision of these terms shall only be effective where We sign it in writing.
20. Limitation of Liability
Nothing in these Terms and Conditions excludes or limits Our liability for death or personal injury arising from our negligence, or Our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Australian law.
To the extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to Our site or any content on it, whether express or implied.
We are not liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, Our site; or
(b) use of or reliance on any content displayed on Our site.
If you are a business user including landlords, please note that in particular, we are not liable for:
(i) loss of profits, sales, business, or revenue;
(ii) business interruption;
(iii) loss of anticipated savings;
(iv) loss of business opportunity, goodwill or reputation; or
(v) any indirect or consequential loss or damage.
We are not liable for any loss or damage caused by a computer or electronic virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your:
(A) use of Our site; or
(B) downloading of any content on it, or on any website linked to it.
Importantly, we will also not be liable for damage caused with respect to disconnecting smoke alarms. For example, in the event that we must force entry into a property on the instruction of the landlord or the landlord’s agent, the fire service is called or any other third party is required to attend the property in relation to the smoke alarm’s use or non-use, we will not be liable to pay any costs or damages.
In the event that We remove a smoke alarm which is not required for compliance, we will remove the alarm and fill the hole in the ceiling with gap filler. If a ring is visible where the alarm used to be located then We will re-install the existing smoke alarm base (only if it is a 240 volt smoke alarm) to cover this area.
By agreeing to be bound by these Terms and Conditions, you acknowledge that we do not repair the ceiling or hole where the smoke alarm was to its original condition prior to when the smoke alarm was fitted however, we will use our best endeavours to ensure that the space looks reasonably presentable to the best of our ability.
21. Liability and Indemnity by Managing Agents
As a managing agent of the property to which the Service is provided to the extent permitted by law, you will at all times indemnify, and keep us, and each of our related entities including directors, officers, employees and agents indemnified from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you arising from any claim, demand, suit, action or proceeding by any person against you or where such loss or liability arose out of, in connection with or in respect of Our Services, your conduct or a breach of these Terms and Conditions, including but not limited to a failure to pay the Annual Service Fee in respect of the properties.
22. Owners of Properties
To the extent permitted by law, our liability to the owner of a property is limited to the lesser of insurance proceeds actually paid in respect of any loss suffered by the owner of a property, or the limit of our insurance.
Smoke Alarm Solutions confirms that it will attend to the properties which you have requested the Services for in a timely manner. We do not however confirm a timeframe in which we will conduct an inspection.
Further, We confirm that We will endeavour to produce a compliance report for the property within 48 hours of attendance at the property.
(a) We confirm that We will ensure that the correct amount of notice required by the relevant State regulatory bodies is provided to the tenant of an Enrolled Propertyin the event of us entering a tenanted property to carry out Our Services; and
(b) We confirm that we will be unable to access a property for which a service has been requested when access to the property is inhibited due to:
(i) atmospheric conditions, extreme temperature or rain, war, road closures, flood, fire, acts of god, technician car breakdown, a technician car accident, a locked gate or no driveway access, or access requiring a vehicle other than a standard vehicle (not a 4WD);
(ii) a tenant or owner-occupier refusing Us entry;
(iii) a tenant or owner-occupier not being home at the agreed and arranged time;
(iv) any occupational health and safety reason including but not limited to:
(A) a dog (or other animal) at the premises;
(B) the existence (or suspicion) of asbestos;
(C) a menacing tenant or owner-occupier;
(D) suspected illegal activities inside the property;
(E) mould; or
(F) any other condition that would make the property an unsafe workplace for our technician.
We warrant that:
(a) Our products are fit for their intended purpose and are free from defects in materials, designs and workmanship;
(b) Our Services are provided in a competent and diligent manner and with reasonable care and skill. In the event that our products or services do not conform with the warranties as stated above, in addition to any rights under the Australian Consumer Law, We will, at our election, provide a refund of the Service fee or replacement of the Smoke Alarm product;
(c) Please note that We reserve the right to change the brand of alarm that We install at emergency visits in the provision of Our 24 Hour Emergency Service and that We are not liable for any additional costs of the alarm in the event that the usual priced alarm is not available in emergency circumstances. Please refer to the following link to our 24 Hour Service terms and conditions [insert link]; and
(d) We confirm that the alarms as stipulated above in clause 26 (c) will be subject to the requirement as stipulated in clause 2 ‘Standard of Smoke Alarm’ of these Terms and Conditions.
We confirm that We hold the relevant insurance policies as required by law in the provision of Our Services.
26. Entire Agreement
These Terms and Conditions constitutes the entire agreement between Us and you and supersedes all prior representations, agreements, statements and understandings relating to its subject matter, whether verbal or in writing.
If any exclusion(s) or limitation(s) contained in these Terms and Conditions is found, in whole or part, to be unlawful, void or for any other reason unenforceable for any purpose(s), that exclusion(s) or limitation(s) or the part(s) in question shall be deemed severable and omitted from these Terms and Conditions for that purpose / those purposes. Such omission shall not affect the validity, effectiveness or enforceability of the other provisions of these Terms and Conditions.
29. Contra Proferentum
The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that Party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.
30. Copyright Notice
(a) All content of Our site and Our materials (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software) is Our exclusive property or that of Our content suppliers (if applicable) and is, unless specifically stated otherwise, protected by copyright or similar ownership rights. It is published by us and may not be reproduced other than by downloading and viewing on a single computer and/or printing a single hard copy, for private purposes only. It is not to be otherwise reproduced, transmitted, made available on a network or used to create derivative works without Our prior written consent.
(b) If you print off, copy or download any part of Our site in breach of these Terms and Conditions, your right to use Our site and Our Service will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.
(c) We confirm that the trade marks, logos and service marks shown on Our website and Our application, unless otherwise specified, are Our intellectual property. No rights are granted to use any of them without our prior written consent.
(d) All rights are reserved.
31. Changes to these Terms
(a) We may revise these Terms and Conditions of use at any time by amending this page without notice.
(b) By using Our Service or Our website or you are agreeing to be bound by the then current version of these Terms of Conditions. As such, please check this page from time to time to take notice of any changes We made.
(c) The materials appearing on Our site and or application could include technical, typographical, or photographic errors. We are not liable for any damage or loss associated with such error.
Last updated – June 2016