Website Terms and Conditions of Use
About the Website
- Welcome to www.fireescape.com.au (Website). The Website and its associated application (Website Application) facilitate the provision of emergency evacuation, recovery and non-emergency communication services to building managers of multi-dwelling apartment buildings (Services).
- The Website and the Website Application is operated by D & M Fire Escape Pty Ltd ACN 625 364 669 (D & M Fire Escape). Access to and use of the Website Application, or any associated products or services, is provided by D & M Fire Escape. Please read these terms and conditions (Terms) carefully.
- D & M Fire Escape reserves the right to review and change any of the Terms by updating this page at its sole discretion. When D & M Fire Escape updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, D & M Fire Escape recommends you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by clicking to accept or agree to the Terms in the user interface.
Subscription to use the Website Application
- In order to access the Website Application, you must first purchase a subscription through the Website (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee).
- In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
- Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Website Application.
- As part of the registration process, or as part of your continued use of the Website Application, you will be required to provide personal information about yourself (such as identification or contact details), including but not limited to:
- email address;
- preferred username;
- mailing address;
- telephone number; and
- You warrant that any information you give to D & M Fire Escape in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered member of the Website (Member) and are deemed to be bound by the Terms. As a Member you will be granted immediate access to the Website Application from the time you have completed the registration process until the subscription period expires (Subscription Period).
Your obligations as a Member
As a Member, you agree to comply with the following:
- you will use the Website Application and the Services only for purposes that are permitted by the Terms;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify D & M Fire Escape of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website Application is limited, non-transferable and allows for the sole use of the Website Application by you for the purposes of D & M Fire Escape providing the Services;
- you will not:
- use the Website Application or the Services in connection with any commercial endeavours except those that are specifically endorsed or approved by D & M Fire Escape;
- use the Website Application or the Services for any illegal and/or unauthorised use or purpose;
- tamper with, corrupt, or circumvent, alter or modify the Website or the Website Application;
- permit the introduction of any virus or malware into the Website or the Website Application; or
- use the Website, the Website Application or the Services to infringe D & M Fire Escape’s intellectual property rights.
- You may make payment of the Subscription Fee by way of:
- electronic funds transfer to an account nominated by D & M Fire Escape; or
- We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
- You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
- You agree and acknowledge that D & M Fire Escape can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
- You may make payment of the Subscription Fee by way of:
D & M Fire Escape will only provide you with a refund of the Subscription Fee in the event it is unable to continue to provide the Services or if D & M Fire Escape makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).
Copyright and Intellectual Property
- The Website, the Website Application, the Services and all of the related products of D & M Fire Escape are subject to copyright. The material on the Website and Website Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the compilation of the Website and the Website Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by D & M Fire Escape or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by D & M Fire Escape, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a Member to:
- use the Website and the Website Application pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your computer system’s (System) cache memory; and
- print pages from the Website and the Website Application for your own personal and non-commercial use.
- D & M Fire Escape does not grant you any other rights whatsoever in relation to the Website, the Website Application or the Services. All other rights are expressly reserved by D & M Fire Escape.
- D & M Fire Escape retains all rights, title and interest in and to the Website, the Website Application and the Services. Nothing you do on or in relation to the Website or the Website Application will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),to you.
- You may not, without the prior written permission of D & M Fire Escape and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Website or the Website Application for any purpose, unless otherwise provided by the Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
- Additionally, you agree that D & M Fire Escape is authorised to collect and use all and information and data relating to the use of the Website, the Website Application or the Services for any purpose specifically relating to the security or operation of the Website, the Website Application or the Services including but not limited to investigating and resolving any technical issues relating to the Website, the Website Application or the Services.
Limitation of liability
- D & M Fire Escape will use all reasonable endeavours to ensure that the Website Application and the Services are available to you at all times. However, subject to clauses 9.4 to 9.7, D & M Fire Escape makes no representations, guarantees or warranties in relation to the Website Application or the Services. The Website Application and the Services are provided on an “as is” and “as available” basis.
- Subject to clauses 9.4 to 9.7, D & M Fire Escape will not be liable to you for or in connection with:
- the failure of the Website Application to perform in whole or in part any function which D & M Fire Escape has specified it will or may perform, or to perform that function in whole or in part to any particular level or standard;
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Website Application, the Services or any of its related products (including third party material and advertisements on the Website);
- the unavailability of the Website Application or the Services to you in whole or in part because of the failure of the communication network or any circumstance beyond the reasonable control of D & M Fire Escape;
- your failure to populate the Website Application with personal information of Occupiers correctly or at all;
- costs incurred as a result of you using the Website Application, the Services or any of the products of D & M Fire Escape; and
- any unintended effects on the operation of your System.
- Subject to clauses 9.4 to 9.7, D & M Fire Escape does not represent, guarantee or warrant that the Website Application or the Services, or any other information and data contained therein is free from viruses or any other defect or error which may affect your System or the software on your System. You should protect your System and software by installing and implementing your own security checks and systems.
- If you are a Consumer, D & M Fire Escape may be taken to have given you certain consumer guarantees under the Australian Consumer Law (Consumer Guarantees) about the supply of goods or services to you. If D & M Fire Escape fails to comply with any of those Consumer Guarantees, then you may have statutory rights against D & M Fire Escape under the Australian Consumer Law that D & M Fire Escape is prohibited by law from excluding, restricting or modifying.
- Nothing in the Terms is to be taken to exclude, restrict or modify:
- any rights of recovery to or compensation you may have under the Australian Consumer Law;
- (b) any other conditions, warranty or guarantee (including the application of any Consumer Guarantee under the Australian Consumer Law),
- All other conditions, warranties and guarantees in relation to any matter (including any rights of recovery or to compensation), whether or not implied by law, are, to the maximum extent permitted by law, excluded. This exclusion applies whether or not you are a Consumer.
- Where the Services supplied under the Terms are not services of a kind ordinarily purchased for personal, domestic or household use, D & M Fire Escape’s liability for breach of any Consumer Guarantee applicable to the supply of the Services under the Australian Consumer Law, to the extent that it is permitted by law, is limited to any one of the following determined by D & M Fire Escape:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
- Subject to this clause, and to the extent permitted by law, D & M Fire Escape will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from D & M Fire Escape’s failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website Application, the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Termination of Contract
- The Terms will continue to apply until terminated by either you or by D & M Fire Escape as set out below.
- If you want to terminate the Terms, you may do so by:
- not renewing the Subscription prior to the end of the Subscription Period;
- providing D & M Fire Escape with 30 days’ notice of your intention to terminate; and
- closing your accounts for all of the services which you use, where D & M Fire Escape has made this option available to you.
- D & M Fire Escape may at any time, terminate the Terms with you if:
- you do not renew the Subscription at the end of the Subscription Period;
- you have breached any provision of the Terms or intend to breach any provision;
- D & M Fire Escape is required to do so by law; or
- the provision of either the Website Application or the Services to you by D & M Fire Escape is, in the opinion of D & M Fire Escape, no longer commercially viable.
- Subject to applicable laws, D & M Fire Escape reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website, the Website Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts D & M Fire Escape’s name or reputation or violates the rights of those of another party.
You agree to indemnify D & M Fire Escape, its directors, employees and agents from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any breach of the Terms.
- If a dispute arises out of or relates to the Terms, neither party may commence any tribunal or court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
- A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
- On receipt of that notice (Notice) by that other party, the parties must:
- within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; and
- if for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, refer the Dispute for mediation.
- The mediator will be the person appointed by the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative.
- The mediation will be held in Perth, Western Australia
- The mediation will be subject to the Resolution Institute Mediation Rules in force at the time that the dispute is referred to mediation.
- Each party must bear its own costs of complying with this clause and the parties must bear equally the costs of any mediator engaged.
- If two weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
If any part of the Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms remain in force.
The Terms are governed by the law of the State of Western Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the State of Western Australia.
In the Terms:
- Australian Consumer Law
- Means the Australian Consumer Law which is schedule 2 to the Competition and Consumer Act 2010 (Cth) as in force as a law of the Commonwealth under that Act, and as in force as a law of Western Australia under the Fair Trading Act 2010 (WA).
- Has the same meaning as in the Australian Consumer Law.
- You or Your
- Means the person who accepts the Terms.