Website Terms and Conditions
Effective Date: 1 July 2024
Introduction
Welcome to www.simplifyautomation.com.au (the “Website”). These Terms and Conditions (“Terms”) govern your use of our Website and the services provided by Simplify Automation (“Company,” “we,” “us,” or “our”). By accessing or using the Website, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the Website.
The Website is owned and operated by: Simplify Automation
These Terms constitute a binding contract between You and: Simplify Automation.
In connection with Your use of the Website, we may also provide You with access to various other content, documentation, materials, information, goods or services. In there Terms, we refer to all of these items collectively as “the Items”.
These Terms govern Your use of all pages of the Website, as well as Your use of the Items.
If You do not understand the Terms, if You do not agree to be bound by the Terms, or if You need more time to review and consider the Terms, then You must stop using the Product immediately.
1. Definitions
1.1 “Account”
An individual user account created by a customer to access certain features and services on the Website.
1.2 “Content”
All text, graphics, logos, images, and software available on the Website.
1.3 “Customer” or “You”
Any person or entity that uses the Website and/or services provided by the Company.
1.4 “Home Automation Services”
The services provided by the Company related to the installation, maintenance, and support of home automation systems.
1.5 “Items”
Any and all of the Website, Services, Content and Materials collectively.
1.5 “Personal Information”
Any information that can be used to identify an individual, as defined in our Privacy Policy.
1.6 “Privacy Policy”
The policy that describes how the Company collects, uses, and discloses personal information of customers, which can be found [here](link to Privacy Policy).
1.7 “Prohibited Activities”
Activities that are not allowed on the Website, including, but not limited to, unlawful uses, infringement of intellectual property rights, distribution of harmful code, and unauthorized access attempts.
1.8 “Services”
The home automation services, including installation, maintenance, and technical support, provided by the Company to customers.
1.9 “Terms”
These Terms and Conditions, which govern the use of the Website and the Company’s services.
1.10 “Third-Party Products and Services”
Products and services that are recommended or linked to by the Website but are provided by third parties and not by the Company.
1.11 “Website”
The website operated by the Company, including all content and services provided through it.
2. Use of the Website and Services
2.1 Eligibility
You must be at least 18 years old to use this Website. By using this Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
2.2 Account Registration
To access certain features of the Website, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for any activities or actions under your account.
2.3 Prohibited Uses
You agree not to use the Website for any unlawful purpose or in any way that could harm, disable, overburden, or impair the Website. Prohibited activities include, but are not limited to:
- Violating any local, state, national, or international law or regulation.
- Infringing on the rights of others, including intellectual property rights.
- Distributing viruses or any other harmful code.
- Attempting to gain unauthorised access to the Website or any related systems or networks.
3. Services
3.1 Services Provided
We provide home automation services, including but not limited to the installation, maintenance, and support of home automation systems. Specific details of the services provided will be outlined in separate agreements or service contracts.
3.2 Service Limitations
Our services are provided on an “as is” and “as available” basis. We do not guarantee that our services will be uninterrupted or error-free.
3.3 Third-Party Products and Services
The Website may recommend or provide links to third-party products and services. We do not endorse or assume any responsibility for these products and services. Your use of third-party products and services is at your own risk.
4. Fees and Payment
4.1 Pricing
The pricing for our services will be outlined in the relevant service contracts. We reserve the right to change our pricing at any time.
4.2 Payment Terms
Payments for our services are due as specified in the service contracts. Failure to make timely payments may result in the suspension or termination of services.
5. Intellectual Property
5.1 Ownership
All content on the Website, including text, graphics, logos, images, and software, is the property of the Company or its licensors and is protected by intellectual property laws.
5.2 Limited License
You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial use. This license does not include any resale or commercial use of the Website or its contents.
6. Privacy
Your use of the Website is also governed by our Privacy Policy, which can be found [here](link to Privacy Policy). By using the Website, you consent to the collection and use of your information as described in the Privacy Policy.
7. Disclaimers
7.1 No Warranty
The Website and all content, materials, and services provided on the Website are provided on an “as is” and “as available” basis. The Company makes no warranties, express or implied, regarding the Website or its content.
8. Exclusion of Liability
8.1 General Exclusion
To the fullest extent permitted by applicable law, the Company disclaims all liability for any loss or damage of any kind, including but not limited to direct, indirect, incidental, punitive, and consequential damages, loss of profits, loss of data, or any other loss or damage, arising out of or in connection with your use of the Website or our services.
8.2 Service Interruptions
The Company shall not be liable for any loss or damage arising from any interruption, suspension, or termination of the Website or our services, including but not limited to outages, technical issues, or maintenance.
8.3 Third-Party Products and Services
The Company shall not be liable for any loss or damage arising from the use of third-party products and services recommended or linked to on the Website. Your use of third-party products and services is at your own risk.
8.4 User Responsibility
You are solely responsible for your use of the Website and our services, including ensuring that your use complies with all applicable laws and regulations.
9. No Professional Advice
9.1 Information Purposes Only
The information provided through the Website, Content, Materials, or other Items is for informational purposes only. It does not address your specific circumstances and does not constitute professional advice.
9.2 No Professional Advice Provided
You acknowledge and agree that any information provided on the Website, Content, Materials, or other Items does not constitute professional advice, whether it be legal, accounting, medical, financial, or other professional advice.
9.3 No Fiduciary Relationship
You acknowledge and agree that no fiduciary relationship has been created between Us and You.
9.4 Your Responsibility and Risk
You acknowledge and agree that Your use of the Website and Items is at Your own risk. We do not assume responsibility or liability for any information provided through the Website or other Items.
9.5 Evaluation by Professional Advisers
You acknowledge and agree that it is Your responsibility to evaluate all information provided through the Website or other Items in consultation with Your own professional advisers as appropriate.
10. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the Website.
11. Modifications to the Terms
The Company reserves the right to modify these Terms at any time. We will provide notice of such changes by posting the revised Terms on the Website. Your continued use of the Website following the posting of changes constitutes your acceptance of such changes.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in New South Wales for the resolution of any disputes arising out of or related to these Terms or your use of the Website.
13. Contact Information
If you have any questions about these Terms, please contact us at info@simplifyautomation.com.au
By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.