Terms of Use

  1. Website
  2. The websites at www.assaabloy.com.au, www.lockweb.com.au, www.whitco.com.au, www.trimec.com.au, www.yalelock.com.au, www.abloy.com.au and www.pyropanel.com.au (Website) are operated for and on behalf of ASSA ABLOY Australia Pty. Ltd. ACN 086 451 907 and its respective related bodies corporate which carry on business in Australia using those websites (collectively, but not jointly or jointly and severally in any instance, referred to as ASSA ABLOY, us, we, our or the Company) for use in Australia.

    Any person, firm, company, government body or other entity who accesses or uses this Website is referred to as you or your.

  3. Terms of Use
  4. By you using this Website, you acknowledge and agree that you have read and understood these Terms of Use of the Company for the use of this Website and that these Terms of Use apply exclusively to your accessing and using this Website. If you do not agree to these Terms of Use, you should not continue to use this Website.

    These Terms of Use may be varied by the Company from time to time by the Company amending these Terms of Use as they appear on this Website or by notice in writing to you.

    You agree that these Terms of Use as so varied will apply exclusively to your accessing and using this Website after any such variation.

  5. Goods and Services
  6. By you using this Website you also acknowledge and agree you have read and understood the Terms and Conditions of the Company on which goods and services are supplied by the Company as they appear on this Website and that those Terms and Conditions will (subject to these Terms of Use) apply exclusively to the supply of all goods and/or services made by the Company to you pursuant to orders placed by you on the Company using this Website.

    You also acknowledge and agree that the Terms and Conditions may be varied by the Company from time to time by the Company amending the Terms and Conditions as they appear on this Website or by notice in writing to you.

    You agree that the Terms of Conditions as so varied will (subject to these Terms of Use) apply exclusively to the supply of all goods and/or services made by the Company to you pursuant to orders placed by you on the Company using this Website after any such variation.

  7. Priority
  8.  To the extent of any inconsistency between these Terms of Use, this Website or the Terms and Conditions:

    1. these Terms of Use will prevail over this Website and the Terms and Conditions; and
    2. the Terms and Conditions will prevail over this Website.

  9. Log-in User Name and Password
  10. You will only be able to place orders on the Company using this Website if you have created or been issued a log-in user name and password by the Company.

    You agree that you are responsible for the safekeeping, confidentiality and security of your log-in user name and password.

    You also acknowledge and agree that the Company is not required to enquire as to the authenticity of orders for goods and services placed using the log-in user name and password issued to you by the Company, and that you are liable for all (authorised and unauthorised) orders placed using the log-in user name and password issued to you by the Company.

    You agree to release and indemnify the Company in connection with any use (whether authorised or unauthorised) of your log-in user name and password.

    The Company may restrict your use of this Website by denying access to log-on to this Website or by written notice to you.

  11. Specifications
  12. Availability and specifications of products which appear on this Website may change.

    Similarly, reasonable variations in the finishes, materials, designs, shades, tints, colours, and other specifications of products may occur.

    Likewise, all illustrations, pictures and videos on this Website are intended as approximate representations only and are not binding in detail with regard to finishes, materials, designs, shades, tints, colours and other specifications.

    You should therefore check about the availability and specifications of products before ordering products, including even if you have previously ordered a particular product.

    To the fullest extent permitted by law, the Company accepts no liability whatsoever for any loss or damage (including consequential loss or damage), directly or indirectly, arising out of or in connection with any of the foregoing.

  13. Orders
  14. Any order placed by you on the Company for goods and services using this Website is subject to acceptance by the Company in accordance with the Terms and Conditions.

    Acknowledgement of receipt of an order placed by you on the Company for goods and services using this Website does not constitute acceptance by the Company.

    The Company reserves the right to accept or reject an order placed by you on the Company for goods and services using this Website including for the unavailability of ordered goods or services, an error in the price, an error in the description of the goods or services or an error in your order.

    The Company will advise you if it is not able to accept any order placed by you on the Company once the Company has considered any such order.

    You may not cancel or defer an order placed by you using this Website without the prior written consent of the Company, and you should therefore very carefully review any order for goods and services proposed to be placed by you using this Website before it is placed.

  15. Errors
  16. You acknowledge and agree that despite reasonable precautions being taken, goods and services may be listed at an incorrect price or with incorrect information due to errors, corruption or like events.

    In these circumstances, the Company will be entitled to cancel the order or to adjust the price for goods and services ordered by you using this Website to the correct price and information.

  17. Payment
  18. Payment for goods and services ordered using this Website must be made in accordance with the Terms and Conditions.

    If you make payment by credit, debit, charge or other form of payment card (Card), you agree to the Company charging a fee for doing so to the extent permitted by law.

    If you authorise or make payment by Card using this Website, you represent and warrant to the   Company that you are the holder of the Card (or a duly authorised person of the Card holder) and authorise the Company to debit the Card for all monies owing to the Company for goods and services ordered by you from the Company using this Website.

    You also acknowledge and agree that the Company is not required to enquire as to the authenticity of orders for goods and services using your log-in user name and password nor is the Company required to refer to you or the holder of the Card before debiting the Card for monies owing to the Company for goods and services ordered by you from the Company using this Website.

  19. Return of Goods
  20. Goods may only be returned in accordance with the Terms and Conditions or as otherwise required by law, and you should therefore very carefully review any order for goods and services proposed to be placed by you using this Website before it is placed.

    In the event the Company agrees to accept goods for return that are not damaged, oversupplied, incorrectly supplied or defective, are not the subject of a warranty provided by the Company or are not the subject of any applicable consumer guarantee provided by the ACL to you, the Company may charge a fee for the return of such goods.

  21. Cancelled Orders
  22. In the event the Company agrees to you canceling or deferring an order placed by you using this Website in accordance with Clause 7 of these Terms of Use, the Company may charge a fee for the cancellation of such order.

  23. Intellectual Property
  24. The content of this Website, including text, graphics, images, videos, software, names, brands, logos and trade marks, is copyright and is either owned or licensed by the Company. Other than for the purposes of, and subject to the conditions prescribed under the, Copyright Act 1968 (Cth) and except as expressly prescribed in these Terms of Use, you may not in any form or by any means:

    1. copy, adapt, reproduce, transcribe, store, sell, translate, modify, frame, transmit, download, upload, post, distribute, print, display, broadcast, perform, publish or create derivative works from any part of this Website;
    2. use, copy or imitate the names, brands, logos or trade marks of the Company; or
    3. commercialise any information, products or services obtained from any part of this Website,

    without the prior written consent of the Company.

    You are not permitted to use the copyright, trade marks, designs, patents or other intellectual property rights of the Company without the prior written consent of the Company.

  25. Restricted Use
  26. Except as expressly prescribed in these Terms of Use or as otherwise authorised by the Company in writing, you are provided with access to this Website on a non-exclusive, limited, revocable basis for your personal, non-commercial use or solely in connection with your own use, sale or promotion of our products, and you may not otherwise use, pass on or disclose any of the content of or information on this Website to any other person or trading entity.

    You may not use the information on this Website (including by hyperlink) in connection with the use, sale, promotion, advertisement, display or comparison of any products, services, companies or brands of any person or entity other than the Company.
    The use of the information on this Website is subject to the provisions of these Terms of Use, including Clauses 6, 8, 14 and 18.

    In no event are you permitted to disclose the terms and conditions on which goods and services are provided by us to you (including pricing) to any third party.

    Without limiting the foregoing you are authorised on a non-exclusive, limited, revocable basis to view, e-mail, download or print copies of the information on this Website, but only for your personal, non-commercial purposes or solely in connection with your own use, sale or promotion of our products. In doing so, you must also include all copyright notices and other notices that are included on this Website.

    The use of the information on this Website on any other website, platform or device for any other purpose is expressly prohibited.

    If you use the content of or information on this Website in a way not expressly permitted by these Terms of Use, the Company may revoke your permission to use this Website and such content and information. In that case, you must destroy all copies and reproductions however made upon demand by the Company.

    You may hyperlink your website to this Website on a non-exclusive, limited, revocable basis, subject to these Terms of Use. You agree not to post links to this Website on any websites that may be reasonably considered obscene, defamatory, threatening, grossly offensive, malicious or not relevant to the business of the Company.

    ASSA ABLOY reserves the right to remove and disable any and all links to this Website. If the Company revokes your right to hyperlink to this Website, you agree to immediately remove and disable all links to this Website.

  27. Warnings
  28. You should take your own precautions to ensure that your use of this Website does not expose you to risk of viruses or other forms of interference which may damage your computer system.

    The Company does not warrant the accuracy, adequacy or completeness of information contained on this Website, nor does the Company undertake to keep this Website updated. To the maximum extent permitted by the law, the Company does not accept responsibility for any loss or damage (including consequential loss or damage) suffered as a result of reliance by you upon the accuracy or currency of this Website.

    You acknowledge that there is risk of unauthorised access to or alteration of your transmission of data or information using this Website.

    To the maximum extent permitted by the law, the Company does not accept responsibility or liability for any of the foregoing.

  29. Linked Web Sites
  30. This Website may contain links to other websites.

    Those links are provided for convenience only, and the Company does not endorse or make any representations or warranties about those websites. The use of such websites is at your own risk in all things.

  31. Privacy Policy
  32. The Company’s Privacy Policy (which can be accessed from this Website) is incorporated by reference into these Terms of Use and applies to your use of this Website.

  33. Indemnity
  34. To the maximum extent permitted by law, you agree to indemnify and keep the Company fully indemnified from and against any and all suits, actions, claims, demands, losses, liabilities, damages, costs and expenses which the Company may suffer or incur arising in any way in connection with a breach by you of these Terms of Use.

  35. Disclaimer
  36. To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded.

    To the maximum extent permitted by law and subject to the following paragraph of this Clause 18, you agree that the Company has no liability, and will not be liable, to you or any other person whether in contract, tort or otherwise for any costs, expenses, injury, loss or damage of any kind (including direct, indirect, special or consequential loss or damage of any kind, loss or profits, loss or corruption of data, business interruption or indirect costs) you or any other person may suffer or incur (whether by the negligence or fault of the Company or otherwise, except where the Company has purposefully acted in bad faith) arising in any way in connection with the use of this Website by you.

    If rights are conferred upon you or obligations are imposed upon the Company by certain Federal or State legislation which cannot be excluded, the provisions of this Clause 18 shall be read subject to those rights or obligations, and to the extent permitted by such legislation the Company hereby expressly limits its liability under any such legislation to the maximum extent permitted by law.

    Subject to the preceding paragraph of this Clause 18, you agree that the liability of the Company (which cannot be limited beyond the following provisions) is limited to:

    1. in the case of the supply of goods by the Company, any 1 or more of the following (at the Company’s option):
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of the goods;
      3. the payment of the costs of replacing the goods or of acquiring equivalent goods; or
      4. the payment of the costs of having the goods repaired; or
    2. in the case of the supply of services by the Company, any 1 or more of the following (at the Company’s option):
      1. the supply of the services again; or
      2. the payment of the costs of having the services supplied again.

    Without reducing the effect of, and subject always to, the preceding provisions of this Clause 18, the Company’s total aggregate liability (if any) to you arising in any way in connection with the use of this Website will not, in any event, exceed the amount invoiced by the Company to you in connection with the use of this Website by you pursuant to which any such liability of the Company to you arises.

    For the sake of clarification, nothing in the preceding provisions of this Clause 18 is to be construed as the Company having any actual or deemed liability to you or any other person as a result of or in any way arising out of or in connection with the use of this Website.

  37. Miscellaneous
  38. Nothing in these Terms of Use shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the ACL) and which by law cannot be excluded, restricted or modified.

    ACL means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

    Headings used in these Terms of Use are for convenience only and shall be ignored in construing these Terms of Use.

    Terms and Conditions means the terms and conditions of trade of the Company on which goods and services are supplied by the Company as they appear on this Website (or which have otherwise previously been agreed to by you) as may be varied by the Company from time to time by the Company amending the Terms and Conditions as they appear on this Website or by notice in writing to you.

    References to ‘include’ and like words are by way of example only and are without limitation.

    References to any document (including these Terms of Use) are references to that document as varied, amended, consolidated, supplemented, novated or replaced from time to time.

    References to any law are references to that law as amended, consolidated, supplemented or replaced from time to time.

    The failure of the Company to enforce or exercise at any time or for any period of time any term of any contract incorporating these Terms of Use shall not constitute or be construed as a waiver of such term and shall in no way affect the Company’s right thereafter to enforce or exercise same.

    Any provision of these Terms of Use which is or becomes prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective and severed to the extent thereof without invalidating any other provision of these Terms of Use, and any such prohibition or unenforceability shall not invalidate such provision in any other jurisdiction.

    These Terms of Use and any contract entered into between the Company and you shall be governed by and construed in accordance with the laws of the State of Victoria, Australia and you hereby irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia and of any Courts which may hear appeals therefrom; provided however that these Terms of Use may be enforced by the Company against you in any other jurisdiction.