Gutter Knight Australia (ABN 70 168 683 412) is committed to providing you with the best possible customer service experience. Gutter Knight is bound by the Privacy Act 1988 (Crh), which sets out a number of principles concerning the privacy of individuals.
Collection of your personal information
There are many aspects of the site which can be viewed without providing personal information, however, for access to future Gutter Knight customer support features you are required to submit personally identifiable information. This information is used to contact you or provide further information as requested
Sharing of your personal information
We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support inquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. Gutter Knight takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
Use of your personal information
For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.
Accessing Your Personal Information
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. Gutter Knight reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.
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You accept our Terms by confirming that you accept the proposal provided to you (Proposal) (whether orally or in writing (including by email)), instructing us to proceed with the provision of the goods and services or by paying us any amount for the goods and services. On acceptance, a contract will be created between you and us, being the parties in the Proposal.
These terms, and any other documents attached to them (including the Proposal) (together, these Terms), set out the terms under which we will provide the goods and services to you.
1.Our Goods and Services
We will provide the goods and services ourselves or through our agents, contractors or employees (Personnel).
You agree to comply with all applicable laws and our reasonable instructions, and to provide us with all information and assistance that we reasonably request.
Unless expressly stated in these Terms, you have not relied on any representations or warranties made by us in relation to the goods and services.
You agree to pay the amount (plus GST) of the goods and services according to the payment terms described in the Proposal, which may require payment of a deposit before we begin.
Once we provide the goods and services, you cannot withhold payment, for any reason. If you happen to delay in payment, please be aware that we may cease providing our goods and services. Further, if the delay in payment is 7 days or more, we may engage debt collection services, commence legal proceedings or charge 5% interest on unpaid amounts. You agree to pay us, any costs that we may incur, as a result of undertaking such activities or if, after acceptance of these Terms, you cancel the provision of the goods and services.
You agree to provide us (and our Personnel) with unfettered access to the premises described in the Proposal, free from harm or risk to health or safety. You agree that the premises will be in a safe condition for us to provide the goods and services. You also grant us a right to access any premises where our goods are located, to allow us (or our Personnel) to recover or repossess our goods. To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any liability caused or contributed to by the removal of our goods from any premises.
4. Title, Risk and Security Interest
Title in the goods will only pass to you on the date you pay for the goods in full. Risk in the goods will pass to you on delivery of the goods.
You agree that these Terms create a registrable security interest in our favour, and you consent to the security interest being registered on any relevant securities register (and you agree to do all things to enable us to do so).
5. Your protections under the Australian Consumer Law
We understand that certain legislation, including the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) (ACL), may confer you with rights, warranties, guarantees and remedies, which we cannot exclude or restrict. Nothing in these Terms excludes any rights you may have as a consumer under the ACL. Subject to these rights, we exclude all express and implied warranties, and all material, work and services are provided to you without any warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
Either party may cancel these Terms if the other party has breached these Terms and the breach has not been remedied within 10 business days of notification.
We may cancel these Terms if you fail to provide us with clear or timely instructions or information to enable us to provide the goods and services or for any reason outside our control which compromises our ability to provide the goods and services. Despite cancellation, you agree to pay for any goods and services that we have already provided to you.
7. Our and your liability
Things may happen that are outside of our control. Accordingly, we will not be liable under these Terms, and you waive and release us from and against, any liability, if that liability was caused or contributed to by: (a) an event or circumstance outside of our reasonable control (including force majeure events such as weather) or (b) acts or omissions of you or any third parties.
To the maximum extent permitted by law, our liability for any loss or damage suffered or incurred in connection with these Terms, however caused (including due to negligence), will be limited to the amount paid by you for the goods and services. Further, we will not be liable for any “consequential loss”, which includes (for example) any real or potential loss of profits, benefits, business, opportunity, savings and/or reputation.
8. Other matters
If there is a dispute or disagreement, the parties will agree to meet in good faith to seek to resolve the issue, before proceeding to any dispute resolution process. Of course, this won’t prevent a party from seeking urgent equitable relief. The laws that govern these Terms are those of the state in which the goods and services are provided. Each party submits to the jurisdiction of that state. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision will be severed from these Terms without affecting the other provisions in these Terms.
9. Contact us
After you have read these Terms, please let us know if you have any questions or comments – we are always happy to assist! You can contact us using our contact details in the Proposal.