Terms of Use
Agreement
Welcome to the ASAP Electrical Pty Ltd website ("website").
We hope that you find this site informative and helpful.
Please review the following basic rules and conditions that
govern your use of this website (the "Agreement").
Please note that your use of this Website constitutes your
agreement to follow and be bound by these rules and conditions.
1. GENERAL
ASAP Electrical Pty Ltd trades as ASAAP Electrical and is the proprietors of
the domain name www.asapelectrical.com.au (ABN 30 102 850 822
) (ASAP Electrical Pty Ltd ) reserves the right to change vary and/or modify
these terms with no prior notice individual notice to you. Your use of this
website following any such change constitutes your agreement to follow and
be bound by the rules and conditions as may be changed from time to time.
You agree that these terms and conditions shall govern the nature and conduct
of agreement that may exist, and, that it shall constitute the entire terms
of the contractual or other relationship that may exist from time to time.
You shall not be entitled to rely upon any actual or implied representation
specification or warranty, either orally or in writing, as to fitness for
purpose or suitability for your products or services. No advice or recommendation
shall be taken to have been made expressly or impliedly. ASAP Electrical
Pty Ltd may alter, change, move or delete portions of, or may add to, this
website from time to time as is deemed appropriate in the absolute discretion
of ASAP Electrical Pty Ltd and for which there shall be no requirement to
provide reasons or justification for so doing to individual users.
2. SITE CONTENTS
Unless otherwise noted all materials, including images, illustrations, designs,
icons, photographs, video clips, articles, and written and other materials
that are part of the contents this website are Copyright © ASAP Electrical
Pty Ltd, and licensors and are intellectual properties owned, controlled
or licensed by ASAP Electrical Pty Ltd and its licensors. You may not reproduce
electronically or in hard copy format, publish, transmit, distribute, display,
modify, create derivative works from, sell or participate in any sale of,
assignment, lease, sublicense or exploit in any way, in whole or in part,
any of the contents of the website in any manner or form whatsoever without
the consent in writing of ASAP Electrical Pty Ltd. Any unauthorised use or
exploitation of any of the material or contents of this site or any trademark
or intellectual property displayed on this site is strictly and expressly
prohibited without the formal written consent of ASAP Electrical Pty Ltd.
3.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Website contains links to outside services and
resources, the availability and content of which ASAP Electrical Pty Ltd
does not and cannot control, any concerns regarding any such service or
resource, or any link thereto, should be directed to the particular outside
service or resource. No liability is accepted by ASAP Electrical Pty Ltd
for another party's website or link or material disclosed or provided.
4. DISCLAIMER
ASAP Electrical Pty Ltd shall not be held liable in any
way for any loss, damage, costs, fees, charges, expenses
or other economic loss whether actual or notional howsoever
occasioned or arising. Any information or statement on this
website by ASAP Electrical Pty Ltd is to be regarded as general
information freely available in the public domain and shall
not be regarded as definitive advice whether professional
or not. Individual users are not to regard the information
published by ASAP Electrical Pty Ltd as an expert opinion
or professional advice. Individual users should always obtain
independent professional advice from appropriately qualified
experts having regard to their own personal and individual
circumstances/situation, requirements, and capabilities.
ASAP Electrical Pty Ltd does not make any specific endorsement
or recommendation that any reference material, information,
brochures, advertisements that are available for printing
or downloadable in PDF or other formats displayed on the
site are suitable for an individual user and applicable for
the users particular circumstances. ASAP Electrical Pty Ltd
does not make any representation, statement warranty or condition
that any service purchased subsequent to or arising from
any material shown on the site is fit for the purpose of
the individual person/user and such person/user relies entirely
upon their own enquiries, information, knowledge and investigations
and no liability shall be accepted by ASAP Electrical Pty
Ltd for any loss actual or notional howsoever arising under
any circumstances including and contractual provision or
negligent act or omission. All non-excluded warranties as
specifically provided in the Trade Practices Act 1974 (Commonwealth)
and the Fair Trading Act 1984 ( New South Wales ) are adopted
and any and all other warranties, representations and statements
(whether express or implied) are expressly excluded and negatived.
4.1 ASAP Electrical does not make any representation or
warranty that any component or service ordered via this website
will be fit for the purposes for which it is selected and
may not be capable of functioning appropriately within acceptable
standards and safety procedures and orders are placed at
the sole and exclusive risk of the user.
4.2 The responsibility for ordering appropriate and correct
parts rests entirely with the user and is based on the users
own knowledge, requirements and enquiries
4.3 Any order made via this website to ASAP Electrical and
shall not constitute a contract until approved by ASAP Electrical.
4.4 ASAP Electrical reserves the right to review and change
specific orders, if, in its absolute discretion and opinion,
the ordered component or service is inappropriate, ineffectual
or a potential safety hazard and an Occupational Health and
Safety issue. ASAP Electrical shall not be liable to the
user for any change to the order and shall make every endeavour
to discuss or contact you regarding options for your project.
4.5 ASAP Electrical reserves the right to inspect any premises
to assess the suitability of the premises and the components
or services ordered to ensure appropriate electrical standards,
statutory standards and regulations, safety procedures and
best practice standards are maintained.
4.6 The advertisement of components or services does not
constitute and contract with ASAP Electrical nor shall it
be taken as a representation that the components are immediately
available and ASAP
Electrical shall not be liable for any loss whether actual
or contingent, unintended or consequential, howsoever arising.
4.7 In the event that any components or services are ordered
and funds are paid as a deposit no title in the goods ordered
shall be deemed to have passed and ASAP expressly retains
and reserves all right title and interest in the components
notwithstanding a parting of possession and title shall not
vest in the purchasing party until ASAP Electrical has received
payment in full.
4.8 ASAP Electrical not be responsible for any delay or
loss that may occur between the time of order and the commencement
of appropriate works.
5. SITE USE
This site and all contents of the site are provided, subject to any statutory
warranty, without warranties of any kind, either express or implied, including
without limitation warranties of title or implied warranties of merchantability
or fitness for a particular purpose. You acknowledge, by your use of the
site and the products and services, that your use of the site and products
is at your sole risk, that you assume full responsibility for all costs associated
with any services and ASAP Electrical Pty Ltd shall not be liable for damages
of any kind related to your use of this site and products/services.
5.1 Any access to password protected login areas of this
site is entirely in the exclusive and
absolute discretion of ASAP Electrical which can be terminated
at will without individual notice to a user and ASAP shall
not be required to provide any explanation or give any reasons
for its decision which shall be final.
5.2 Any access to password protected login areas of this
site provides access to certain
commercially sensitive and confidential information. No
user shall disclose any information to any third party without
the consent of the owner of such information in writing.
No information shall be released other than to named persons
or authorised organizations. Any breach of this term shall
immediately entitle ASAP Electrical to suspend or cancel
access to the password protected area.
6 . INDEMNIFICATION
You agree to defend, indemnify and hold ASAP Electrical Pty Ltd harmless from
and against any and all claims, damages, costs and expenses, including lawyer's
fees, arising from or related to your use of ASAP Electrical Pty Ltd or the
products offered herein or arising from a breach of any of the terms and
conditions of this site or breach of any Act, Rule or Regulation of the State
of New South Wales and Australia, or, in breach of any copyright owner's
intellectual property . You shall immediately upon receipt of any notice
from ASAP Electrical Pty Ltd comply with any demand or request for information/documentation,
or request for indemnity, including the lodgement of funds and or security
for any costs fees or charges, to the total satisfaction of ASAP Electrical
Pty Ltd within seven (7) days of notice.
7. TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS
All
material on this Site, including but not limited to images
and illustrations, is protected by copyrights that are owned
and controlled by ASAP Electrical Pty Ltd or by other parties
that have licensed their material to ASAP Electrical Pty
Ltd ("Material"). Material from the site or
any website owned, operated, licensed, or controlled by ASAP
Electrical Pty Ltd may not be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way.
You should not attempt to "pass off" any of the
Material as your own work. Modification of the Materials
or use of the Materials for any other purpose is a violation
of the copyrights and other proprietary rights. For the purposes
of these Terms and Conditions, the use of any such material
on any other website or networked computer environment is
expressly prohibited without the written consent of ASAP
Electrical Pty Ltd. In the event that the intellectual property
and copyright of any third party provider is infringed and/or
comes to the notice of ASAP Electrical Pty Ltd it shall be
disclosed to the third party provider. The trademarks, logos,
and service marks ("Marks") displayed on the site
are the property of ASAP Electrical Pty Ltd and other parties.
Copyright remains with the owners. Users are prohibited from
using any Marks without the written permission of ASAP Electrical
Pty Ltd or such third party that may own the Marks.
8. GOVERNING LAW/JURISDICTION
Unless otherwise specified, this Website and the contents
thereof are displayed for the purpose of promoting ASAP Electrical
Pty Ltd products and services available in Australia and
its Territories. This Agreement shall be construed in accordance
with the laws of the State of New South Wales , Australia
, without regard to any conflict of law provisions. Any dispute
arising under this Agreement shall be mediated and resolved
by the Courts of the State of New South Wales and Federal
Courts of Australia. Both parties agree to submit to the
non-exclusive jurisdiction of the Courts in the State of
New South Wales , Australia .
9. TERMINATION
This Agreement is effective unless and until terminated by either you or ASAP
Electrical Pty Ltd. You may terminate this agreement at any time by notice
in writing. ASAP Electrical Pty Ltd may terminate this Agreement at any time
and may do so immediately without notice, and accordingly deny you access
to the Website, if in ASAP Electrical Pty Ltd's sole discretion, you fail
to comply with or breach any term or provision of this Agreement. Upon any
termination of this agreement by either you or ASAP Electrical Pty Ltd, you
must promptly destroy all non-licensed materials and/or instructions in electronic
or hard copy format downloaded or otherwise obtained from this website, as
well as all copies of such materials, whether made under the terms of this
Agreement or otherwise.
10. PRIVACY POLICY / CONFIDENTIAL INFORMATION
ASAP Electrical Pty Ltd only collects information
by email sent by individual users of this site. We do not collect
information about you from other organisations or from websites
outside the website that you may visit. ASAP Electrical Pty
Ltd will not use or disclose any information about you without
your consent, or access your communications on our websites,
unless:
- required by law.
- we believe it necessary to provide
you with a service which you have requested.
- to implement
our terms of use.
- to protect the rights or property of
ASAP Electrical Pty Ltd, any ASAP Electrical Pty Ltd
user, or any member of the public.
ASAP Electrical Pty Ltd and its affiliates recognise the
trust you place in us when you give us personal information.
We respect your right to privacy and confidentiality; therefore,
will not give any of your personal information to any other
organisation without your express consent. Although ASAP
Electrical Pty Ltd is not, at this stage, required to adopt
the Commonwealth Privacy Act 1988 as amended, ASAP Electrical
Pty Ltd is guided by the intent and spirit of the privacy
principles. For more information about privacy issues in
Australia and protecting your privacy, visit the Australian
Federal Privacy Commissioner's website. If you have any concerns
about the privacy of your information please contact us by
email at dfreers@asapelectrical.com.au and
we will carefully discuss your concerns with you.
11. MISCELLANEOUS
If any provision of this Agreement shall be unlawful, void,
or for any reason unenforceable, then that provision shall
be deemed severable from this Agreement and shall not affect
the validity and enforceability of any remaining provisions.
This is the entire Agreement between the parties relating
to the matters contained herein. ASAP Electrical Pty Ltd
may at any time revise these Terms and Conditions by updating
this posting. You are bound by any such revisions and should
therefore periodically visit this page to review the then
current Terms and Conditions to which you are bound.
ASAP Electrical PTY LTD
Phone: +61 2 4385 7377
Email: dfreers@asapelectrical.com.au |