Welcome to the Website. By using the Website, you agree that your use of the Fire Halo website is subject to these Terms of Use. Please read them carefully. Fire Halo may from time to time amend these Terms of Use without prior notice.
Fire Halo reserves the right to, at any time:
amend, update, change or remove any part of this Website;
suspend or restrict your access to this Website if you are in material breach of these Terms of Use; and/or
stop or suspend the operation of this Website.
General Disclaimer
You acknowledge and agree that:
this Website and its contents are provided to you on an “as is” basis;
information on this Website may contain typographical errors, technical inaccuracies or other errors and may not be accurate, complete or current; and
any answers provided to questions published on this Website are general opinions only and should not be taken as definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.
Except to the extent required by law:
Fire Halo makes no representations or warranties of any kind as to the operation or availability of this Website or the information, content or materials included on this Website, and all implied representations or warranties in relation to the operation or availability of this Website or the information, content or materials included on this Website are excluded; and
Fire Halo is not liable for any loss suffered by you in connection with the unavailability of this Website and/or the use of this Website or any linked website, including any indirect, consequential or special damages and any loss of revenue, loss of profits, loss of goodwill, loss of business opportunity, loss of reputation, loss of goodwill, business interruption or loss of data or information.
This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
Copyright
This Website and its contents are subject to copyright. The copyright is owned by Fire Halo, or in the case of some material, third parties.
You may view this Website and its contents using your web browser and electronically copy and print hard copies of parts of this Website and its contents for personal, non-commercial use. Except as permitted under the Copyright Act 1968 (Cth) or similar statutes that apply in your location, any other use (including any adaptation, reproduction, broadcast, decompiling, disassembling, downloading, copying, storage, distribution, transmission, printing, display, publication or creation of derivative works) of any part of this Website is prohibited.
Trade Marks
Nothing contained in this Website shall be construed as granting any licence or right to use any trade mark displayed on this Website.
Mode of Access
In order to use this Website, you will need internet access, devices and systems which are compatible with this Website. It is your responsibility to ensure that you meet the relevant requirements (which may change from time to time). Fire Halo has no obligation to make this Website available on any particular device or system, whether or not such device or system can currently, or has in the past been able to, access this Website.
Third Party Websites
This Website may contain links to third party websites. Those links are provided for convenience only and may not remain current or be maintained. Fire Halo is not responsible for the content or privacy practices associated with linked websites. It is your responsibility to read and understand the terms and conditions applicable to any such websites. Fire Halo will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered as a result of your use of such websites.
Cookies
Cookies are small pieces of information that your web browser stores on your computer’s hard drive. Fire Halo uses cookies to gather data in relation to this Website. You may disable cookies on your web browser, but if you do you may not be able to fully utilise all the features of this Website.
Viruses
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 computer system or those of other parties. Except to the extent otherwise required by law, Fire Halo will not be liable to you, or any other person, for any losses, liabilities, damages, costs, charges or inconvenience incurred, paid or suffered as a result of viruses, malicious computer code or other forms of interference, or damage to your computer system or those of any person which arise in connection with your use of this Website.
Notice and Takedown Procedure
If you find content on this Website which you think infringes your intellectual property rights or is in breach of these Terms of Use, please email us at contact@firehalo.com.au and please specify the following information:
your name;
your address;
your phone number;
your email address;
information to allow us to find the relevant content on this Website;
a description of the item or items that you believe is in breach of your intellectual property rights or these Terms of Use, and the reasons for this; and
where applicable, details of the owner of the content (and if you are not the owner, the capacity in which you are acting on their behalf).
Severability
If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of any other provision of these Terms of Use.
Applicable Law
These Terms of Use are governed by the laws of Victoria, Australia. Any disputes arising in connection with these Terms of Use are subject to the exclusive jurisdiction of the courts of Victoria, Australia. Fire Halo makes no representation or warranty that the content of this Website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website.
Fire Halo
In these Terms of Use a reference to Fire Halo is a reference to Fire Halo Building Property Pty Ltd (ABN 23 662 926 150) and its related bodies corporate from time to time.
Fire Halo Building Protection P/L ACN 662 694 779 (“Company”) Trading Terms & Conditions for Sale of Goods
These Trading Terms & Conditions (“Terms”) apply (unless otherwise previously agreed in writing) to the supply of Goods by the Company to a Customer from time to time. Any supply of Goods by the Company to the Customer made from time to time after the date of acceptance of these Terms is a supply pursuant to the supply agreement constituted by these Terms & the relevant order accepted by the Company (‘Agreement’) & any such supply does not give rise to a new or separate agreement.
In these Terms unless the contrary intention appears:
“Additional Charges” includes all delivery, handling & storage charges, goods & services tax, stamp duty, interest, legal & other costs of recovery of unpaid money & all other government imposts & all money, other than the Purchase Price, payable by the Customer to the Company arising out of the sale of the Goods.
“Company” means Fire Halo Building Protection ABN 16 690 296 510
“Consequential Loss” means
viii. any other loss suffered by a party as a result of a breach of this Agreement that cannot reasonably be considered to arise directly & naturally from that breach.
“Customer” means the person to or for whom the Goods are to be supplied by the Company.
“Force Majeure Event” means any event outside the reasonable control of the Company including acts of God, war, riots, strikes, lock outs, trade disputes, break downs, mechanical failures, interruptions of transport, COVID-19, Government action or any other cause whatsoever, whether or not of a like
nature to those specified above.
“Goods” means the goods sold to the Customer by the Company & includes any services provided by the Company to Customer.
“Instruction Sheet” means operation manual contained with the Goods.
“Purchase Price” means the list price for the Goods as charged by the Company at the date of delivery or such other price as may be agreed by the Company & the Customer prior to delivery of the Goods.
“Standard” means the Australia Building Codes Board.
2.1 An order given to the Company is binding on the Company & the Customer if the Goods are supplied by the Company.
2.2 An acceptance of the order by the Company is then to be an acceptance of these Terms by the Company & the Customer & these Terms will override any conditions contained in the Customer’s order. The Company reserves the right to accept a part only of any order by notifying the Customer in writing or by delivering the Goods to the Customer. No order is binding on the Company until accepted by it.
2.3 An order which has been accepted in whole or in part by the Company cannot be cancelled by the Customer without obtaining the prior written approval of the Company, which it may refuse in its absolute discretion. In the event cancellation of an order is approved by the Company, the Company reserves the right to claim payment from the Customer & the Customer agrees to pay a cancellation fee equivalent to 10% of the price of the order or that part of the order so cancelled.
2.4 Title in the Goods does not pass to the Customer until the Company has received payment in full.
2.5 Interest for outstanding payment is charged at 28% per annum charged daily.
3.1 Subject to any of the Company’s warranty statements, the Company’s liability is limited to, to the extent permissible by law, the replacement of the Goods.
3.1.1 The period for the replacement warranty is five (5) years.
3.2 The Customer shall inspect all Goods immediately after purchase & shall within 7 days of the purchase date & in any case prior to on-selling or otherwise using the Goods, give notice to the Company of any matter or thing by reason of which the Customer alleges the Goods or any part of the Goods are not fit for purpose & failure to give such notice shall, to the extent permitted by law, constitute unqualified acceptance & a waiver of all such claims by the Customer.
3.3 To the extent permitted at law, all other warranties whether implied or otherwise, not set out in these Terms or expressed in any warranty statement provided by the Company, are excluded & the Company is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for any Consequential Loss.
4.1 The Customer acknowledges and accepts following terms of use:
4.1.1 any guttering must be built and installed according to Standard;
4.1.2 PVC Downpipes must fit for purpose;
4.1.3 the Customer is responsible for the correct installation of the Goods. The Company recommends the installation is carried out by a licensed contractor;
4.1.4 connection to a water main is recommended while using the Goods;
4.1.5 the Company recommends testing every 6 months to ensure the Goods are fit for purpose; and
4.1.6 the Goods must be installed and used in accordance with the Instruction Sheet. The Company is not liable for any loss or damage in connection with any breach, act or omission not in accordance with the Instruction Sheet.
4.1.7 Ball Valves must be at all times be left in the ‘open’ or ‘closed’ position.
4.1.8 It is highly recommended that in the event of an ‘extreme’ storm, the end cap of the Fire Halo is removed in order to help discharge the excess storm water buildup.
5.1 The Customer agrees that upon the on-sale of any Goods to third parties, it will:
5.1.1 inform any third party involved of these Terms;
5.1.2 inform any third party of the Company’s product warranties if any; &
5.1.3 not make any misrepresentations to third parties about the Goods.
5.2 The Company shall not be held liable for the Customer’s failure to inform any third party of these Terms.
5.3 Any third party will be bound to these Terms as if they were the Customer.
6.1 To the full extent permitted by law, the Customer will indemnify the Company & keep the Company indemnified from & against any liability & any loss or damage the Company or Customer may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms by the Customer or its representatives
7.1 The Company will not be liable for the consequences of any failure or delay in performing any of its obligations under this Agreement to the extent that such failure or delay is due directly or indirectly to any Force Majeure Event.
7.2 If a Force Majeure Event arises, the Company will notify the Customer in writing of the Force Majeure Event & the likely impact it will have on the Company’s performance under this Agreement. If the Force Majeure Event affects the capacity of the Company to complete its material obligations under this Agreement in a timely manner, the Company may by notice to the Customer terminate this Agreement without any liability whatsoever on its part arising from that termination.
8.1 These Terms are to be construed in accordance with the laws from time to time in the State of New South Wales & the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia & any courts which may hear appeals from those courts in respect to any proceedings in connection with these Terms.
8.2 These Terms contain all of the terms & conditions of the contract between the parties & may only be varied by agreement in writing between the parties.
8.3 Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.
8.4 No waiver of any of these Terms or failure to exercise a right or remedy by the Company will be considered to imply or constitute a further waiver by the Company of the same or any other term, condition, right or remedy.
Fire Halo Building Protection Pty Ltd (“Fire Halo”) recognise that your personal information is important to you and that you are concerned with its collection, use and disclosure. Fire Halo, like other companies operating in Australia, is bound by the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) which set clear standards regarding these activities.
This policy contains information about:
Why does Fire Halo collect, hold, use and disclose personal information?
Fire Halo collects, holds, uses and discloses personal information for a number of purposes connected with our business operations, which include:
We may also use and disclose your personal information for other purposes related to those described above which would be reasonably expected by you.
Documents (including hard copy documents and electronic documents such as emails) which coincidentally contain personal information will also be retained in accordance with Fire Halo’s normal document retention practices for accounting, legal and business purposes.
Generally, you have no obligation to provide any personal information requested by us. However, if you choose not to do so where we require this information, we may not be able to provide you with the goods and services that you want or deal with a request, enquiry or complaint that you have
What personal information does Fire Halo collect?
The kinds of personal information we collect or which we may hold about you may include:
How does Fire Halo collect and hold your personal information?
We collect personal information in a number of ways including:
Generally, Fire Halo will collect your personal information directly from you. However, Fire Halo also holds information, collected incidentally, concerning individuals who work for companies or organisations that have a business relationship with Fire Halo.
Fire Halo holds personal information in a number of ways, including:
Sharing your personal information
Fire Halo will not share your personal information with anyone other than yourself unless specifically stipulated throughout this policy (extenuating circumstances). However, we will request your permission and/or advise you of the release of information.
Security of your personal information
We will take reasonable steps to ensure that the personal information that we hold is stored in a secure environment protected from misuse, interference and loss and any unauthorised access, modification or disclosure.
How to access, correct and update your personal information
Upon your request, Fire Halo will provide access to your personal information that we hold (except in certain circumstances set out in the Privacy Act 1988 (Cth)). Fire Halo reserves the right to charge you an administration fee of $25 for providing access to your personal information and will, of course, require some proof of your identity before providing information to you.
You may also request us to correct the personal information that Fire Halo holds about you. If you do so and we are satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, Fire Halo will take such steps as are reasonable in the circumstances to correct your personal information to ensure that, having regarding to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading.
To request access to the personal information that Fire Halo holds about you, please email us at contact@firehalo.com.au.
How to make a complaint
If you are concerned that the way Fire Halo collects, holds, uses or discloses your personal information may be in breach of the Australian Privacy Principles, please send the details of your complaint to contact@firehalo.com.au.
How Fire Halo will handle complaints
After receiving a complaint, we will consider whether we need any further information from you to properly consider and investigate the complaint, and may request such information from you. We will then:
If the conclusion of our investigation is that our collection, holding, use or disclosure of your personal information was in breach of the Australian Privacy Principles, we will take steps to remedy the breach as soon as reasonably practicable.
We will endeavour to notify you of the results of our investigation of your complaint within 30 days of receiving your complaint. However, if your complaint involves complex matters or requires extensive investigation and consultation, it may not be possible to respond within this timeframe.
If you are not satisfied with our response to your complaint you are entitled under the Privacy Act 1988 (Cth) to make a complaint to the Office of the Australian Information Commissioner. Information about how to make a complaint is available from the Office of the Australian Information Commissioner’s website (www.oaic.gov.au).
Exemptions
Fire Halo sometimes handles personal information relying on exemptions under the Privacy Act 1988 (Cth), for example in relation to (i) employee records; (ii) related bodies corporate; (iii) provision of services to State or Territory authorities; and (iv) operations outside Australia relating to personal information of non-Australians.
Any permitted handling of personal information under such exemptions will take priority over this Privacy Policy to the extent of any inconsistency.
Fire Halo Building Protection Pty Ltd ACN 662 926 150.
Version 1 – Date of publication 15 November 2022.