Terms of Use

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These terms and conditions apply to the use of this website, including the purchase of goods offered on this website. In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using this website.

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to TermiWatch Pty Ltd (ACN 137 201533).

Purchasing goods

All prices for goods are in Australian dollars.

We make no undertakings as to the availability of goods advertised on this website.

Title in the goods does not pass to you until payment has been received as cleared funds.

Price are inclusive of GST. In all other respects, the price is exclusive of taxes, duties or charges imposed or levied in Australia or overseas in connection with the supply of goods.

The goods are at your risk as and from the time when the goods are delivered to you.

The goods are offered for sale only to persons who are over 18 years old and who can make legally binding contracts. By completing the order form, you warrant you are over 18 years old and are capable of making a legally binding contract.

Refunds and returns

Where the goods are faulty or damaged

Goods are only deemed faulty or damaged when they are not fit to do the intended job.

If any goods arrive at their destination which are faulty or damaged, we will investigate the claim, and if the claim satisfies the terms of the warranty then we will fulfil our obligations under the warranty to replace the goods and refund you the delivery costs of returning the goods to us. The goods must be returned to us within 30 days of you ordering the goods from us. We will have the right to reject a refund or return, if the goods are not faulty or damaged or have been used.

Acceptance and limitation of liability

We warrant that the Termiwatch stations (other than the wooden monitors), if installed and used according to our instructions, will be free from defects for six months from the date of purchase.

If any goods (other than the wooden monitors) are deemed by TermiWatch Pty Ltd to be defective within six months of purchase. TermiWatch Pty Ltd will replace the defective goods at no charge to the client. It is the clients responsibility and cost to return any defective goods at no charge to the client. It is the clients responsibility and cost to return any defective goods for examinations and determination by TermiWatch Pty Ltd.

To the maximum extent permitted by law, we exclude completely all liability to any person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the use of this website or goods acquired from us.

We make no warranty that the goods acquired from us will be fit for your purpose or that they will prevent termite damage or infestation.

We exclude all warranties except for:

• warranties that cannot be expressly excluded by reason of provisions of statute applicable to the goods; and
• warranties that are expressly included and form part of these Terms of Use.

Where any law implies a warranty into these terms of use which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to:

• if the breach relates to goods:
  • replacing or repairing the goods, or supplying equivalent goods; or
  • paying for the cost of replacing the goods, acquiring equivalent goods or having the goods repaired, where it is fair and reasonable to do; or

• if the breach relates to services:
  • supplying the services again; or
  • paying for the cost of having the services supplied again, where it is fair and reasonable to do.

Australian Consumer Law Warranty

1. If the goods are of a kind ordinarily acquired for personal domestic or household use or consumption, or the amount paid or payable for the goods does not exceed $40,000 or any greater amount prescribed under the Australian Consumer Law, and the goods have not been acquired for re-supply or for the purpose of using them up or transforming them, in trade or commerce, then the provisions of this clause apply, but otherwise this clause has no effect whatsoever.
2. The following provision applies:
   1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably forseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be acceptable quality and the failure does not amount to a major failure.
3. The period of the warranty provided under this clause is six months
4. The benefit of the warranty provided in this clause is in addition to any other rights and remedies that you may have under a law in relation to the goods to which the warranty relates.
5. In order to make a claim under the warranty within the specified period must return the goods to: TermiWatch Pty Ltd, PO Box 638 Willetton WA 6955 (Ph: 1300 TERMIWATCH) specifying the flaw and/or defect complained of.
6. Upon receipt of the claim, we will investigate the claim, and if the claim satisfies the terms of the warranty then we will fulfill our obligations under the warranty to replace the goods and refund you the delivery costs of returning the goods to us.

Specific Warning

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we are not liable to you or anyone else if interference or damage to your computer system occurs in connection with your use of this website or any linked website.

We do not warrant the accuracy, adequacy or completeness of any information on this website, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.

Copyright

Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us unless otherwise indicated. Information procured from a third party may be the subject of copyright owned by that third party. Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, and except as expressly authorised by these terms and conditions, you must not in any form or by any means:

• adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
• commercialise any information, products or services obtained from any part of this website, without our written permission or, in the case of third party material, from the owner of the copyright in that material.

Trade Marks

This site includes registered trade marks and trade marks which are the subject of pending applications or which are otherwise protected by law. You must not use these trade marks or the name “Termiwatch” without our express written permission.

Restricted Use

Unless we agree otherwise in writing, you are provided with access to this website for your personal use only. You are authorised to print a copy of any information contained on this website for your personal use, unless it is expressly prohibited. You must not on﷓sell information obtained from this website without our written permission.

Linked Websites

This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. These links are not an endorsement of the linked websites. We are not responsible for the content, access, reliability, condition or privacy practices of the linked websites.

Security of Information

The Internet is not a secure medium and no data transmission over the Internet can be guaranteed as totally secure. We do not warrant that this website is free from anything which may damage any computer which accesses this website or data on such computer. Any information which you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Termination of Access

Access to this website may be terminated at any time by us without notice. These “terms of use” will survive any such termination.

Applicable Law

These terms and conditions are governed by the laws in force in Western Australia. You agree to submit to the exclusive jurisdiction of the courts of Western Australia.

General

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will continue to have full force and effect. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

Shipping Policy

It is your obligation to provide the correct delivery address. We are unable to deliver to a P.O BOX. Termiwatch Pty Ltd is not responsible for any extra postage charges should the wrong address be supplied. You agree that your details, including your Delivery Address, will be supplied to Australia Post for the purpose of delivering your goods.

Shipping Time

Goods are dispatched from our warehouse within 48-72 hours of purchase.  All orders will be delivered using Australia Post. The average delivery times for standard delivery are 4-7 business days for Australian Capital cities and 7-10 business days for country areas. You will be notified via email should there be a delay with your order.

Shipping Cost

No charge for postage within Australia. Please email admin@termiwatch.com.au to confirm international shipping pricing.

We shall not be liable for failure to deliver the goods or for a delay in the delivery of the goods occasioned by strike, workmen lockout, difficulty in procuring suitable materials, goods or substances required in the manufacturing of the goods, stock shortages, shortage of labour, lack of skilled labour, delay in transit, prohibitions or restrictions, fire, flood, hostility, civil commotion or other cause whatsoever (whether similar in nature to the foregoing or not) beyond our control.