In these Terms and Conditions:
“App” means the SmartThings App and any other application software utilised in conjunction with the Equipment from time to time.
“Company” means RACV ABN 44 004 060 833.
“Customer” (or “you”) means the person, or company to whom this agreement is addressed.
“Effective Date” means the date on which the Customer pays for Equipment.
“Equipment” means the Yale Assure SL package (Yale Assure SL and Zig-bee network module) supplied by the Company under this Contract.
“Installation Services” means the services required to install the Yale Assure SL at the Installation Site by the Company.
“Installation Site” has the meaning given in clause 7(g).
“Maintenance” means the maintenance of lock.
"Metropolitan Melbourne” means such areas or postcodes as determined by RACV from time to time, having regard to the Metropolitan & Outer Suburban Taxi Zones contained in the Melway Greater Melbourne Street Directory from time to time.
“Nominated Regional Centres” are defined as the urban areas of Geelong, Ballarat, Bendigo, Mildura, Wodonga, Shepparton, Warragul, Traralgon and Sale and other areas nominated by the Company from time to time.
“Service” or “Services” means the Installation Services supplied by the Company under this Agreement.
"SmartThings" means the Samsung SmartThings product sold and (in some cases) installed by RACV.
"Yale Assure SL" means the product sold and installed by RACV in accordance with this Contract.
a) Prices quoted are subject to acceptance by the Customer of the Equipment (and installation thereof) or Services (or both) as set out in this Contract
b) Prices quoted are based on the following:
i) Labour, material, storage and transport costs and costs incurred in fulfilling statutory requirements (if any); and
ii) The installation of the Equipment being effected during normal working days.
c) The Company reserves the right to alter any quotation (whether or not it has already been accepted) should there be any change to the underlying circumstances on which the quotation was based or, in the case of Equipment, if installation is to be effected other than as stated.
2. Supply of Equipment
a) In consideration of payment of the fees by the Customer, the Company agrees to supply the Equipment and (if ordered by the Customer) the Services in accordance with this Contract
b) The Company will use all reasonable endeavours to deliver the Equipment by the time specified to the Customer. The Customer acknowledges and agrees that delivery and installation dates or periods quoted by Company are estimates only and are subject to timely receipt of all Customer information, other material, and permits from the Customer necessary to allow the Company to proceed with the delivery of the Equipment. Company shall not be liable to the Customer in any event for any direct or indirect loss, damage, and expense or cost of any nature and howsoever arising, suffered or incurred by the Customer as a result of any delay or failure to deliver the Equipment at the time specified.
a) The Company will retain title to the Equipment until payment in full of the total charge for the Equipment and Installation is received. Risk in relation to loss or damage to the Equipment by (other than where such loss or damage is caused by the Company) transfers to the Customer upon installation of the Equipment.
a) The Company, its employees, servants and agents shall have full and free access at all necessary times to the Customer’s premises and full use of the Customer’s facilities for the sole purpose of, and to the extent reasonably necessary to install, maintain or repair the Equipment and to remove any Equipment.
5. Yale Assure SL Pre-requisites
a) The following pre-requisites must be present at the Installation Site for the Installation to be completed and the Yale Assure SL to operate effectively:
i) the Customer must own the property;
ii) the Installation site for the Installation is not an apartment;
iii) The door at the Installation site is not a sliding door;
iv) The Installation Site is not a sliding door
v) The Installation Site is not a commercial premise
vi) The door thickness at the Installation site is between 35-57mm
vii) The Installation site Is not a security door (mesh).
viii) There is more than one access point to the Installation Site.
6. Installation Services and Equipment requirements
a) The Yale Assure SL is sold with professional installation by the Company. DIY installation is not available for this product.
b) Company will install the Equipment at the nominated site on the nominated date.
c) Installation of the Yale Assure SL is only offered in the designated Melbourne metro areas (defined as premises within 50km of the Melbourne CBD);
d) The Customer must ensure that the Customer or their nominated representative is present at the Customer’s premises (Installation Site) while the Installation Services are being supplied;
e) If the Customer has requested the installer connect the lock to their SmartThings account, they must ensure that the SmartThings App and a SmartThings account have been installed and setup by the Customer prior to the installer attending the Installation Site.
f) The Company shall not be liable for any loss, injury, damage or expense because of delay in installation other than where such damage is caused by the negligence of the Company, its employees, servants or agents. Delay or failure will not entitle the Customer to cancel this agreement or refuse to accept delivery and installation of the Equipment.
a) The Customer is liable for ensuring that the Installation Site will at all times be a safe working environment for the Company’s employees, contractors, agents and authorised representatives and (without limitation) does not contain asbestos or similar hazards or any infections or building diseases.
b) The Customer must notify the Company in advance of any unsafe condition at the Installation Site that may affect the delivery of the Installation Services at the Installation Site. The Company reserves the right to refuse to perform any work at the Installation Site (including without limitation Installation Services, maintenance, or warranty work) without any liability to the Customer, if in the Company’s reasonable opinion the Installation Site is not a safe working environment, until such time as the Installation Site has been made safe at the Customer’s cost (including professional removal of all asbestos product from that part of Installation Site where asbestos is present). Any such delay or suspension of the warranty work, Installation Services or other Services will not constitute a breach of this Contract
c) The Company reserves the right to reschedule any work at the Installation Site (including without limitation Equipment installation, maintenance, or warranty work) without any liability to the Customer, if in the reasonable opinion of the Company, performance of such works would breach the Company’s occupational health and safety obligations to its employees and contractors (for example, during wet weather or extreme heat).
d) The Company reserves the right to refuse to perform any works, or provide Services if the Customer (or any person associated with the Customer) is acting or behaving in a manner that is inappropriate, improper, hostile, threatening, abusive or dangerous (whether at Installation Site or by phone) or otherwise in a manner that threatens the safety of any Company employee or contractor.
8. Customer Acknowledgments
a) The Customer acknowledges:
i) that the Equipment has been selected by the Customer in accordance with the Customer’s express requirements;
ii) that the Company does not represent and there is no implied term that the Equipment or Services will remain in proper working order or always carry out their functions and, to the extent lawful, any such implied term is expressly excluded;
iii) that the Equipment or Services cannot prevent unlawful entry or damage to the Customer’s property;
iv) that the Customer shall be responsible for taking out insurance against fire, theft, damage, injury or any other cause at its own cost;
v) that the Company will not be liable for any injury to persons or death or loss or damage to property or any loss or damage including consequential loss suffered by the Customer or any other person including but not limited to loss or damage caused by the installation of the Equipment, Equipment failure or breakdown, delay, failure to properly monitor or follow up any signal or alarm and/or failure to receive such signal other than where such fault or loss is caused by the negligence of RACV and/or its servants, agents or contractors or otherwise;
vi) that the Company shall not be liable for the performance of any equipment or programming thereof which has not been supplied and installed by the Company.
vii) that the Company will not be liable for any unavailability of the Equipment or Services caused by circumstances beyond the Company’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labour problem (other than one involving Company employees), Internet service provider failure or delay, Non- Company Application, or denial of service attack.
viii) that the Company will not be responsible for any failure of the Service that is caused by an act or omission of the Customer such as an incorrect use of an electricity smart switch.
b) This Contract is subject to any implied term, conditions or warranties imposed by the Competition and Consumer Act 2010 (Cth) as amended and/or under similar State legislation and if the Equipment and Services under this Contract are supplied to the Customer as a “consumer” and/or for personal domestic or household purposes as defined under that legislation then the Customer shall have the benefit of non-excludable rights and remedies under that legislation and nothing in this Contract excludes or restricts such rights.
c) Notwithstanding clause 8)b) as far as possible and where the Equipment and/or Services are not ordinarily acquired by the Customer as a “consumer” and/or for personal domestic or household use pursuant to Clause 64A of the Competition and Consumer Act 2010 (Cth) and/or similar provisions in State legislation, the Company’s liability shall be limited:
i) in the case of Equipment to any one or more of the following as the company in its sole discretion may determine:
(1) the replacement of the Equipment;
(2) the repair of the Equipment;
(3) the payment of the cost of replacing the Equipment or of acquiring equivalent Equipment;
(4) the cost of having the Equipment repaired; or
ii) in the case of Services to either of the following as the Company in its sole discretion may determine:
(1) the resupply of the services again;
(2) the cost having the services supplied again.
d) If notwithstanding the above the Company is found liable to the Customer and/or other person the Company’s liability for breach of this contract and/or negligence of the Company, its servants or agents is limited to a sum not exceeding $10,000 (which shall include legal costs) in respect of the aggregate of all claims during any consecutive period of 12 months.
e) The Company shall not be liable for any default or failure to perform its obligations under this Contract where the failure or default arises from acts of God, war, act of terrorism, accident, fire, explosion, earthquake, lightning strike, floods, strikes, industry disputes, shortage of parts, any action of the Customer including any interference with misuse, damage or abuse to the Equipment by the Customer and/or other person, any failure by the Customer to perform its obligations under Clause 9 hereof any/or any other circumstance beyond the control of the Company.
9. Express Warranty of Equipment and Labour
a) In addition to any other rights and remedies available to the Customer under the law, the Company warrants that the Equipment and labour supplied pursuant to this Contract will be free of material defects for a period of 1 year from the date of initial installation. The Yale Assure SL will be subject to the Yale warranty (the Warranty Period). The Customer must inspect all Equipment upon delivery, and must, within five (5) business days of delivery, give notice to the Company if the Equipment or any part thereof is not in accordance with this Contract.
b) If the Customer experiences any operational faults or defects in the Equipment during the Warranty Period, the Customer must contact the Company as soon as possible to permit the Company to carry out the warranty work. Any Equipment or part thereof that is proved to be defective will be repaired or replaced by the Company at its option, at no cost to the Customer.
c) The Customer must notify the Company of the alleged defect by the Customer contacting the Company by calling 13 27 56 or writing to RACV Home Security at level 2, 550 Princes Highway Noble Park, 3174 upon the defect first coming to the Customer’s attention
d) The Customer acknowledges and agrees that the Equipment warranty provided under this clause 10 does not cover:
i) any defect, fault, damage or malfunction caused by the Customer’s failure to regularly maintain and test the Equipment in accordance with the applicable Australian Standards and the manufacturer's recommendations;
ii) fair wear and tear;
iii) any defect, fault, damage or malfunction caused by the Customer’s negligence, fault, neglect, abuse or incorrect installation,
iv) connection or use of the Equipment or as a result of vandalism, fire, water damage, power surge, lightning, electrical storm or any other circumstance outside of Company’s control or that of the manufacturer;
v) any defect, fault, damage or malfunction caused by the Customer’s failure to replace consumables required for the use and operation of the Equipment (such as, without limitation, batteries or light bulbs); or
vi) any actual or attempted unauthorised repair, modification, removal or reinstallation of, interference with or work on, the Equipment by any person other than the Company.
e) Warranty work will be performed when reasonably requested by the Customer during business hours unless otherwise agreed. The Company will not be liable to the Customer for any claims made for injury, loss or damage to any person, resulting from the Company’s failure to provide the warranty work if the Customer fails to give the Company access to the Customer’s premises.
f) If, after the expiry of the Warranty Period, the Customer requests (either in person, in writing or via telephone) the Company to diagnose and rectify a defect, fault or malfunction in the Equipment, the Company may charge the Customer a fee for such diagnosis, rectification or advice at its standard rates.
a) You may not:
i) use Apps in a manner that violates any law or regulation, including but not limited to improperly conducting surveillance of any person.
ii) use Apps in any way other than as permitted under this Agreement.
iii) attempt to modify or reverse engineer any App.
iv) sell, lease, licence or distribute an App to any other person.
b) You are entirely responsible for maintaining the confidentiality of your profile information, including your password, and for any and all activity under your profile. You agree to notify RACV immediately of any unauthorised use of your profile or password or other breach of security.
c) You are responsible for all scene and event settings within an App e.g. video.
d) You understand that all information, data, text, music, sound, photographs, videos, message or other materials created or generated by you when using an App (‘Generated Content’) are your responsibility.
e) You agree that RACV has no responsibility or liability for the deletion or failure to store any Generated Content and other communications maintained or transmitted during your use of the App
a) In order to use the Services you agree to provide Personal Information about yourself and information about your home security needs (including location-based information and other data collected through an App) and you acknowledge and agree that RACV and its third party technology and cloud storage providers may:
i) collect, monitor and store information to provide the Services in connection to you;
ii) disclose information (including Personal Information) to you and to third parties through whom RACV provides services in connection with your use of the Services for the purpose of providing you with the Services;
iii) disclose Personal Information to suppliers who need access to the Personal Information to provide RACV with services, to allow supply of services to you;
iv) use Personal Information collected through the Services to promote products and services to you;
v) retain and use information collected from you as described in this Agreement or as otherwise permitted by law.
b) RACV may also use and collect non-personal aggregate, statistical, and other anonymous information (including location information) to provide services to multiple Third Party Providers, for research purposes, to help RACV enhance and improve its services and to develop current and future services and functionality, and for other purposes of RACV's business. RACV may share non-personal aggregate, or summary, information with partners or other third parties (this is a customary online practice). For example, we might provide a count of users from a particular area or utilise data in an anonymous manner to develop and improve other products. RACV will always ensure that any Personal Information has been removed before aggregate information is provided to third parties or partners.
c) RACV’s use of any Personal Information will at all times be governed by the Privacy Act 1988, together with any other relevant and applicable privacy legislation and RACV’s Privacy Charter.
d) RACV may also use your Personal Information to notify you about other products, services or special offers and your Personal Information may be provided to RACV’s related bodies corporate for this purpose. You can request not to receive this information, request access to any Personal Information that RACV holds about you by calling RACV on 13 72 28 or accessing a copy of the Privacy Charter at www.racv.com.au/privacy.
12. Intellectual Property and carriage services
a) You acknowledge that the SmartThings App will utilise your Smartphone for the purposes of transmitting and receiving information, and that;
i) this transfer of information is facilitated by your telecommunications carriage provider using your mobile phone carriage and data plan; and,
ii) the Company is not responsible for the provision of an appropriate mobile phone carriage and data plan; and,
iii) the Company is not liable for any costs or charges incurred by you as a result of your use of the SmartThings App.
13. Sub Contractors
a) The Company may sub-contract the performance of all or any of its obligations under this Contract to any person, firm or Company without giving notice to the Customer.
14. Service Limitations
a) RACV Smart Home Services may be limited or unavailable in areas outside of Metropolitan Melbourne and Nominated Regional Centres. Services provided in these areas may attract additional surcharges. The Customer will be reasonably advised of any additional surcharges. Apps may be limited by 4G speed and availability.
a) You may not assign, transfer or otherwise deal with the rights under this document without the prior written consent of the Company.
b) This Agreement will be governed by and construed in accordance with the laws in force in the State of Victoria and each party submits to the non-exclusive jurisdiction of the courts of that State.