Adam Plumbing & Gas Pty Ltd (A.C.N. 137 435 280) (in these Terms referred to as we, us and our) may from time to time offer to supply Goods and Services to you. If you accept an offer for us to supply Goods and Services to you, or otherwise continue to engage us in respect of any Goods and Services, these Terms will apply to our engagement, irrespective of whether you sign a copy of these Terms.
1. IMPORTANT – EXCLUSION OF IMPLIED WARRANTIES
1.1 The only conditions and warranties binding on us in respect of the state, quality or nature of any Good or Service supplied by us (or our employees, servants or agents) to you, are those imposed and required by law to be binding on us (including under the Competition and Consumer Act 2010 (Cth) and applicable state fair trading laws). All other conditions and warranties, whether express or implied by law, in respect of the Goods and Services which may apart from this clause be binding on us, are hereby expressly excluded and negated.
2. IMPORTANT – LIMITATION OF LIABILITY
2.1 To the fullest extent permitted by law, our liability (if any) arising from a breach of any applicable terms, conditions or warranties is, at our option, limited to, and completely discharged by:
(a) In the case of Goods, either the supply by us of equivalent goods, the repair or replacement by us of the goods supplied to you, or the refund by us of the price paid for those goods; and
(b) In the case of Services, supplying of the Services again, or the refund by us of the fee paid for those Services during the period of 12 months prior to the liability arising.
2.2 Except to the extent already set out in this clause, we have no liability (including liability for negligence or recklessness) to any person for any loss or damage (direct, consequential or otherwise) suffered or incurred by any person in relation to any Goods or Services supplied by us (or any of our employees, officers or agents), including for any loss or damage resulting from any failure, defect or deficiency of any kind in any Goods or Services, and we are not liable for any loss of profit or special, indirect or consequential damages of any kind.
2.3 Any valid claim by you against us must be presented in writing to us within a reasonable time, and in no event longer than 60 days after the Goods or Services have been supplied. No action may be maintained by you against us unless a timely written claim has been given under this clause, and unless legal action is commenced within 12 months after the supply of the relevant Goods or Services.
3. THIRD PARTY SUPPLIES – PASS THROUGH TERMS
3.1 The terms set out in this clause 3 have priority over any other terms.
3.2 From time to time, we may provide you Goods and/or Services (a Third-Party Supply) from or on behalf of a third-party provider (the Principal). We may provide a Third-Party Supply as principal or as agent.
3.3 We do not warrant the performance or integrity of any Third-Party Supply. We merely pass through to you whatever end-user representations and warranties the Principal provides to or through us with the Third Party Supply.
3.4 We are not responsible for any acts or omissions of the Principal, for any obligations undertaken or representations that they may make, or for any other products or services they may supply to you, either directly or through us.
3.5 We have no control over the intellectual property in a Third-Party Supply, and therefore do not take any responsibility for any liability arising as a result of the Third-Party Supply. We do not indemnify you for claims by third parties that may arise as a result of a Third-Party Supply infringing any intellectual property of any third party. We will pass through to you any indemnity or cover provided by the Principal in respect of the Third Party Supply.
3.6 Your sole and exclusive remedy for any breach of warranty or other liability is as stated in the Principal’s own terms and conditions.
4. BINDING CONTRACT TO SUPPLY
4.1 Upon Acceptance, you will be bound to purchase the Goods and Services. You may not cancel an order for Goods and Services after Acceptance without our written consent, which we can withhold at our complete discretion.
4.2 If we agree to cancel an order for Goods and Services, you must:
(a) Pay to us any expense, cost or loss incurred or suffered by us as a result of the cancellation of the order; and
(b) Pay to us our fee for any Goods and Services that we have commenced to supply.
5. SUPPLY
We agree to supply, and you agree to purchase, the Goods and Services in the manner and at the times provided in these Terms.
6. EXCLUSIVITY
We are free to provide similar Goods and Services to persons other than you.
7. SUPERVISION AND PERSONNEL
7.1 Unless otherwise agreed in writing, we will maintain control over our personnel when providing the Goods and Services. You and your personnel will always co-operate with us and our personnel.
7.2 You acknowledge that any of your officers or personnel who contact us about the provision of any Goods and Services are authorised to do so.
8. SUBCONTRACT
8.1 We may subcontract the supply of some or all of the Goods and Services to other persons.
8.2 We will ensure all subcontractors appointed by us to supply Goods and Services under these Terms are subject to terms similar to these Terms.
8.3 If we have disclosed to you that the supply of some or all of the Goods and Services will be supplied by a particular subcontractor:
(a) The supply will be a Third-Party Supply;
(b) The subcontractor will be Principal; and
(c) The Supply Charges that we are entitled to are subject to change due to corresponding changes imposed by our subcontractor.
9. EXTENSION OF TIME
9.1 If we are delayed in the supply of the Goods and Services, we will notify you of an actual or expected delay as soon as practically possible.
9.2 We will give you details of the circumstances giving rise to the delay, the anticipated duration of the delay.
9.3 On receipt of a notice of delay, you will extend the time for the supply of the Goods and Services by a reasonable period if the delay is beyond our reasonable control and we have used (or are using) all reasonable efforts to minimise the delay.
10. HOW WE WILL CHARGE
10.1 We will invoice you for the Goods and Services at the rates and in the manner set out in our quote and/or specified in our Proposal to these Terms, plus any disbursements incurred on your behalf in order to provide the Goods and Services.
10.2 You agree that we reserve the right to adjust the rates and quoted and/or specified fees in our quote or Proposal to these Terms, if additional costs are incurred in relation to the provision of the Goods and Services or arising out of or in connection with any event beyond our control.
10.3 In consideration of us agreeing to provide the Goods and Services, you agree to promptly pay our Supply Charges on delivery of our invoice unless arranged otherwise beforehand.
10.4 If you have not paid our Supply Charges within 7 days, we will immediately cease to provide further Goods and Services to you until such time as all of our Supply Charges have been fully paid.
10.5 Our Supply Charges are, unless otherwise explicitly stated, quoted exclusive of applicable goods and services tax (GST). GST will, where applicable, be added to our Supply Charges.
10.6 The making of a payment by you will, in the absence of prior written notice to us, constitute approval of the Goods and Services supplied by us.
10.7 If you dispute any Supply Charge made by us, in whole or in part, you shall promptly notify us of the dispute, but shall not delay in paying the Supply Charge within the agreed terms.
10.8 We will give you advance notice of any changes to our Supply Charges. You must pay for the Goods and Services at our current Supply Charges as notified by us.
10.9 Any allegation of overcharging or undercharging must be notified to the other party within 3 months of the date of invoice.
11. PRICE QUOTES
11.1 All prices quoted are based on the following:
(a) Labour, material, storage and transport costs and costs incurred in fulfilling statutory requirements (if any); and
(b) Supply by us to you during normal business hours (being 8am to 5pm) on a Business Day.
11.2 We reserve the right to alter any quoted prices (whether the quote has already been accepted) if there is any change to the costs referred to in clause 11.1(a) or if our supply is requested or required by you to occur outside of normal business hours.
12. APPLICATION OF PAYMENTS
Any payments tendered by you will be applied as follows:
(a) First as reimbursement for any collection costs incurred by us;
(b) Secondly, to satisfy any other obligation that is not secured;
(c) Thirdly, in payment of any interest charged to you under these Terms;
(d) Fourthly, to satisfy an obligation that is secured, but not by a PMSI;
(e) Fifthly, to satisfy an obligation that is secured by a PMSI for that obligation and using proceeds from the sale of the collateral subject to that PMSI; and
(f) Sixthly, to satisfy or partly satisfy the oldest portion of our Supply Charges that is secured by a PMSI using funds or proceeds from any source, or, despite the foregoing, any manner we see fit.
13. NO WITHHOLDING OR OFFSET
You may not withhold from any payment, or offset against any payment, due to us any amount in respect of any amount owed by or claim against us.
14. PAYMENTS AND INTEREST CHARGES
14.1 If you fail to pay us any amount under these Terms, we may:
(a) Immediately terminate the supply/service arrangement between us by providing you with written notice of termination;
(b) Terminate any credit facilities extended to you; and
(c) Initiate legal action for recovery of any outstanding amounts owed by you and the costs incurred (including but not limited to legal costs on a solicitor and own client basis).
14.2 Time is of the essence for the payment of amounts due to us by you.
14.3 You will pay interest on amounts due to us that are over the payment terms at the rate of 8% per month accrued daily and compounded monthly from the date payment is due to the date on which payment is received by us.
14.4 You will be liable to us for all costs and expenses (including legal costs) incurred by us in collecting any overdue account, or incurred by us due to any breach or default of these terms, and must pay the same to us immediately upon notice or demand.
15. DISCLOSE ALL RELEVANT INFORMATION
15.1 You must disclose all relevant information to us relating to the terms, conditions and circumstances in which we are to supply the Goods and Services. Without limitation, you will disclose to us:
(a) Accurate, complete and sufficient information concerning the Goods and Services to allow us to comply with all laws and regulations concerning the supply of the Goods and Services; and
(b) All foreseeable hazards associated with the supply of the Goods and Services by us.
15.2 You confirm that all information provided by you, is true, accurate and complete in all material respects, and may be relied upon by us in the supply of the Goods and Services.
15.3 You indemnify us against all losses, costs, penalties and expenses which we pay or incur as a result of you failing to fully discharge the obligations in this clause 15.
16. DURATION OF THIS AGREEMENT
16.1 We will supply the Goods and Services to you from the Commencement Date and until Termination. However, we may accept or reject any supply order from you (at our discretion).
16.2 If these Terms are stated to be for a fixed period, or in respect of the supply of certain discrete Goods and Services, then these Terms will terminate on the expiry of that period or completion of the supply.
16.3 Subject to clause 16.2, either of us may terminate these Terms by giving the other party written notice of termination of no less than the Termination Notice Period. On expiry of the Termination Notice Period these Terms terminates without prejudice to our respective rights accruing or accrued to the date of Termination.
16.4 If you ask us to supply further Goods and Services after the Termination of these Terms, and we commence to supply the Goods and Services without first agreeing with you different terms to these Terms, then the terms of these Terms will regulate the supply of those further Services.
16.5 Either of us may terminate these Terms immediately by written notice to the other party, if that other party:
(a) Commits a breach of any of the material provisions of these Terms, or is in default of any warranty or obligation under these Terms, and the defaulting party fails to remedy such breach or default within 28 Business Days of receiving written notice specifying such breach or default;
(b) Commits any act constituting an act of bankruptcy; or
(c) Suffers a receiver, administrator or liquidator to be appointed to any of its assets or property or any part thereof, unless that default is waived in writing by the other party, but without prejudice to any other rights or remedies available to the other party.
16.6 The expiry or termination of these Terms is without prejudice to any rights that have already accrued to either of us under these Terms.
17. RETENTION OF TITLE TO GOODS
All rights, title and interest in all Goods supplied by us remain with us, and do not pass to you, until all monies payable by you to us (including any interest, freight or insurance charges) have been paid in full.
18. PPSA FURTHER ASSURANCES
18.1 The PPSA (and any other equivalent legislation in any other jurisdiction) applies to these Terms.
18.2 You must do anything (including making amendments to these Terms or executing a new security document) for the purpose of:
(a) Ensuring that a Security Interest created under, or provided for by, these Terms:
(i) attaches to the collateral that is intended to be covered by that Security Interest;
(ii) is enforceable, perfected, maintained and otherwise effective; and
(iii) has the priority contemplated by these Terms;
(b) Enabling us to prepare and register a financing statement or financing change statement if we in our absolute discretion deem necessary; and
(c) Enabling us to exercise any of its powers in connection with any Security Interest created under or provided by these Terms; and
18.3 You must provide any information requested by us in connection with these Terms to enable us to exercise any of our powers or perform our obligations under the PPSA (or equivalent legislation in any jurisdiction).
18.4 You agree that a Security Interest arises under these Terms in all present and future Goods supplied by us to you and all proceeds of the Goods in the form of a PMSI.
18.5 The Security Interest arising under this clause 17 attaches to the Goods when the Goods are collected by you or dispatched from our premises.
18.6 Except if section 275(7) of the PPSA applies, we and you agree not to disclose any information of the kind referred to in section 275(1) of the PPSA that is not publicly available and you agree not to provide any authorisation for the disclosure of such information.
18.7 You agree that:
(a) We are under no obligation to dispose of or retain any PPSA personal property we seize within a reasonable time under section 125 of the PPSA;
(b) You must not complain of any damage, cost or inconvenience caused by us in taking apparent possession of any PPSA personal property under section 126 of the PPSA;
(c) Following a default, you have no rights to redeem the PPSA personal property under section 142 of the PPSA; and
(d) You have no rights to reinstate these Terms following a default under section 143 of the PPSA.
18.8 You waive your rights to receive:
(a) A notice of our proposal to remove PPSA personal property which has become an accession under section 95 of the PPSA;
(b) A notice of our proposal to exercise its rights in accordance with land law under section 118(1)(b) of the PPSA;
(c) A notice of our action (such action arising under section 120(2) of the PPSA) in relation to an interest in collateral under section 121(4) of the PPSA;
(d) A notice of our seizure of certain PPSA personal property under section 123(2) of the PPSA;
(e) A notice of our proposal to dispose of any PPSA personal property under section 130 of the PPSA;
(f) Details of the amounts paid to other secured parties in a statement of account provided by us under section 132(3)(d) of the PPSA;
(g) A statement of account under section 132(4) of the PPSA;
(h) A notice of our proposal to retain PPSA personal property under section 135 of the PPSA; and
(i) A copy of, or notice of, any verification statement confirming registration of a financing statement or a financing change statement relating to any Security Interest under, or provided for by these Terms.
18.9 You waive any rights you may have to:
(a) Object to our proposal to purchase PPSA personal property under section 129(2)(b) of the PPSA; and
(b) Object to our proposal to retain PPSA personal property under section 134(2)(b) of the PPSA.
18.10 Anything that is required by us to be done under this clause 17 must be done by you at your own expense. You agree to reimburse our costs in connection with any action taken by us under or in connection with this clause 17.
18.11 The terms attaches, collateral, financing change statement, financing statement, perfected and personal property as used in this clause 17 have the meaning given to them in the PPSA.
19. DURATION OF THIS AGREEMENT
19.1 We will supply the Goods and Services to you from the Commencement Date and until Termination. However, we may accept or reject any supply order from you (at our discretion).
19.2 If these Terms are stated to be for a fixed period, or in respect of the supply of certain discrete Goods, then these Terms will terminate on the expiry of that period or completion of the supply.
19.3 Subject to clause 16.2, either of us may terminate these Terms by giving the other party written notice of termination of no less than the Termination Notice Period. On expiry of the Termination Notice Period these Terms terminates without prejudice to our respective rights accruing or accrued to the date of Termination.
19.4 If you ask us to supply further Goods and Services after the Termination of these Terms, and we commence to supply the Goods and Services without first agreeing with you different terms to these Terms, then the terms of these Terms will regulate the supply of those further Goods and Services.
19.5 Either of us may terminate these Terms immediately by written notice to the other party, if that other party:
(a) Commits a breach of any of the material provisions of these Terms, or is in default of any warranty or obligation under these Terms, and the defaulting party fails to remedy such breach or default within 15 Business Days of receiving written notice specifying such breach or default;
(b) Commits any act constituting an act of bankruptcy; or
(c) Suffers a receiver, administrator or liquidator to be appointed to any of its assets or property or any part thereof, unless that default is waived in writing by the other party, but without prejudice to any other rights or remedies available to the other party.
19.6 The expiry or termination of these Terms is without prejudice to any rights that have already accrued to either of us under these Terms.
20. RISK OF LOSS
20.1 Unless otherwise agreed between us in writing, you are responsible for:
(a) Any loss or damage to all Goods supplied by us as from the time of supply; and
(b) Any loss or damage to your property during the supply of the Goods.
20.2 You warrant to us that you have insurance to cover any loss or damage to property subject to clause 20.1.
21. E-MAIL TRANSMISSIONS
You agree we may correspond with both you and others by e-mail or other electronic means, where appropriate, unless you specifically instruct us to the contrary, and you agree to assume the risks associated with transmission and to release us from any claim you may have arising from transmission defects.
22. NATURE OF RELATIONSHIP
We will supply the Goods and Services as an independent contractor and neither us nor any of our personnel will (unless otherwise agreed by us) be, or be deemed to be in partnership or in a joint venture relationship with you, or your employee, servant or agent.
23. COMPETITION AND CONSUMER ACT
23.1 These Terms must be read subject to the Competition and Consumer Act 2010 (Cth) and to any implied terms, conditions or warranties imposed by that Act or any other State legislation insofar as such legislation may be applicable and prevents the exclusion or modification of any such term, condition or warranty, and our liability is limited to the maximum extent permitted by law.
23.2 We will agree a time for the provision of our Goods and Services with you. You agree that the time within which we provide Goods and Services to you is reasonable.
24. CONFIDENTIALITY
You agree to keep confidential and not at any time after the commencement of these Terms disclose or make known in any way to anyone anything contained within the Terms, and you agree to procure each of you agents, employees and advisors to do the same.
25. FORCE MAJEURE
25.1 Neither of us is liable for any delay or failure to perform our obligations under these Terms if such delay is due to Force Majeure.
25.2 If a delay or failure of a party to perform its obligations is caused or anticipated due to Force Majeure, the performance of that party’s obligations will be suspended during the Force Majeure.
25.3 If a delay or failure by a party to perform its obligations due to Force Majeure exceeds 60 Business Days, either party may then terminate these Terms with notice in writing to the other party.
26. PRIVACY AUTHORITY
Where Goods and Services are supplied to you on credit, you irrevocably authorise us, our employees and agents to make such enquiries as we deem necessary to investigate your credit worthiness from time to time, including the making of enquiries of persons nominated as trade referees, your bankers or any other credit providers (the Information Sources). You hereby authorise the Information Sources to disclose to us such information concerning you which is within their possession and which is requested by us.
27. SUCCESSORS AND ASSIGNS
These Terms apply to and bind the successors and assigns of the parties to these Terms. Neither these Terms nor any right or obligation under these Terms are assignable by you without our prior written consent.
28. WAIVER
28.1 Any waiver or forbearance by us in regard to the performance of these Terms operates only if in writing and applies only to the specified instance and to the specified extent, and does not affect the existence and continued applicability of these Terms.
28.2 No failure or delay on our part in exercising any right, power or privilege under these Terms (and no course of dealing between or among any of the parties) operates as a waiver of any such right, power or privilege.
29. INVALID PROVISIONS
If any provision of these Terms is held to be illegal, invalid or unenforceable, these Terms must be considered divisible and inoperative as to such provision to the extent it is illegal, invalid or unenforceable. In all other respects these Terms remains in full force and effect.
30. NOTICES
All notices must be in writing and must be given by any one of the following means by:
(a) Delivering it to the address of the party specified in these Terms on a Business Day during normal business hours, in which case it will be served on delivery;
(b) Sending it to the address of the party by pre-paid post, in which case it will be served 3 Business Days after posting; or
(c) Sending it by email transmission to the email address of the party, in which case it will be served on successful transmission.
31. ENTIRE AGREEMENT
31.1 Our Proposal, these Terms, and any other terms incorporated into our Proposal (collectively, the Agreement) constitute the sole and entire understanding with respect to the subject matter of the Agreement and the Agreement and supersede all prior discussions, proposals, representations and understandings, written or oral.
31.2 To the extent there is any conflict between these Terms and our Proposal, these Terms prevail, in each case except to the extent that our Proposal specifically states that it overrides or modifies these Terms, and then only in the context of that Proposal.
32. LEGAL EFFECT
The parties intend the provisions of these Terms to be legally binding and enforceable against us.
33. APPLICABLE LAW AND JURISDICTION
33.1 These Terms are governed by and construed in accordance with the laws of the State.
33.2 The parties irrevocably submit to the non-exclusive jurisdiction of the Courts of the State in respect of any claim, dispute or difference arising out of or in connection with these Terms.
34. INTERPRETATION
34.1 In these Terms unless the context indicates a contrary intention:
(a) The singular includes the plural and conversely;
(b) If a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(c) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them;
(d) A reference to a clause, schedule or annexure is a reference to a clause of, or a schedule or annexure to, these Terms;
(e) A reference to a party to these Terms or another agreement or document includes the party’s successors, permitted substitutes and permitted assigns (and, where applicable, the party’s legal personal representatives);
(f) A reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it;
(g) A reference to dollars and $ is to Australian currency; and
(h) A reference to a right or obligation of any two or more persons confers that right, or imposes that obligation, as the case may be, jointly and severally;
(i) The meaning of general words is not limited by specific examples introduced by including, or for example, or similar expressions;
(j) References to agree, approve or consent are references to agreement, approval or consent (as the case may be) in writing; and
(k) Nothing in this agreement is to be interpreted against a party solely on the ground that the party put forward this agreement or any part of it.
35. DICTIONARY
In these Terms the following expressions have the meanings assigned to them respectively unless those meanings are repugnant to the context or subject matter:
35.1 Acceptance means the acceptance by you of a Proposal from us, or acceptance by us of a request from you to acquire Goods and Services, or you engaging us or continuing to engage us in respect of the supply of Goods and Services;
35.2 Business Day means a weekday (excluding a public holiday) in the State;
35.3 Commencement Date means the date of Acceptance, or the other date (if any) agreed between us to be the date of commencement of these Terms;
35.4 Force Majeure means a circumstance beyond the reasonable control of the parties that result in a party being unable to observe or perform on time an obligation under these Terms. Such circumstances include but are not be limited to:
(a) Acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires, and any natural disaster; and
(b) Acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution, strikes, pandemics and public health events;
35.5 Goods and Services means the advice, recommendations, information, goods and services to be supplied under these Terms;
35.6 PMSI means a purchase money security interest as that term is defined in the PPSA or the equivalent security interest in any other jurisdiction;
35.7 PPSA means the Personal Property Securities Act 2009 (Cth) or equivalent legislation in any other jurisdiction;
35.8 Proposal means our quote, proposal or other offer to provide you with Services;
35.9 State means South Australia;
35.10 Supply Charges means our fees and charges for the supply of the Goods and Services (as adjusted if applicable);
35.11 Termination means the termination or expiry of these Terms on its terms; and
35.12 Termination Notice Period means the termination notice period specified in our Proposal or otherwise as agreed between the parties in writing.
Privacy Policy
Our website address is: https://adamplumbingandgas.com.au/
What personal data we collect and why we collect it
Adam Plumbing & Gas Pty Ltd is committed to protecting the privacy of its clients and Website Users.
1. Interpretation
A. “Australian Privacy Principles” means the privacy principles provided in the Privacy Act 1988 (Cth) as amended from time to time;
B. “Personal Information” means any information recorded in any format collected that identifies a person or may reasonably identify a person;
C. “Sensitive Information” has the meaning given by section 6 of the Privacy Act 1988 (Cth) as amended from time to time;
D. “Adam Plumbing & Gas” means Adam Plumbing & Gas Pty Ltd ACN 137 435 280 trading as Adam Plumbing & Gas (ABN 88 137 435 280);
E. “Website” means the website of Adam Plumbing & Gas being https://adamplumbingandgas.com.au/ and/or any online platform used or operated by Adam Plumbing & Gas to provide services;
F. “Website Users” means any person who accesses the Website and/or external websites through third party links;
G. “You” means any natural person or entity and/or organisation that you represent or have an interest.
2. Adam Plumbing & Gas will act in accordance with the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth) and other applicable State and Federal legislation in relation to Personal Information.
3. Adam Plumbing & Gas may collect, hold and/or use your Personal Information for the following purposes:
A. to affect any obligation contained in any agreement entered into by You on the Website or in relation to the Website or services provided by Adam Plumbing & Gas;
B. to verify your identity or the identity of any entity that You represent and/or control;
C. to contact You in relation to affecting any obligation contained in any agreement entered into by You on the Website or in relation to the Website or any services provided by Adam Plumbing & Gas;
D. to perform direct marketing to You:
- if You would reasonably expect Adam Plumbing & Gas to use your Personal Information other than Sensitive Information for this function; or
- even if You would not reasonably expect Adam Plumbing & Gas to use your Personal Information other than Sensitive Information for this function and You have provided consent to Adam Plumbing & Gas or it is not practical for Adam Plumbing & Gas to obtain your consent. In such case, Adam Plumbing & Gas will provide a simple means for You to request to cease receiving direct marketing communications;
- and You have not requested that Adam Plumbing & Gas cease providing direct marketing communications to You;
-
E. if necessary for or directly related to one of the functions or activities of Adam Plumbing & Gas.
4. Adam Plumbing & Gas may collect, hold and/or use your Personal Information including Sensitive Information for direct marketing purposes if You have consented to the use and disclosure of the information for this purpose and have not requested Adam Plumbing & Gas to cease providing direct marketing communications.
5. You may request at any time that Adam Plumbing & Gas cease the communication of direct marketing materials by providing written notice to Adam Plumbing & Gas by email to admin@adamplumbingandgas.com.au
6. Adam Plumbing & Gas may collect your Personal Information when:
A. You enquire about Adam Plumbing & Gas providing services whether through the Website or any other method of communication;
B. when You fill out any forms and/or documents whether in digital format or hard copy format provided by Adam Plumbing & Gas;
C. when You engage Adam Plumbing & Gas to provide a service or otherwise use a service provided by Adam Plumbing & Gas;
D. when You access the Website or any other online platform in which Adam Plumbing & Gas has a presence including but not limited to social media platforms;
E. when You correspond and/or communicate with Adam Plumbing & Gas;
F. when available through public sources; and
G. when required by law.
7. Adam Plumbing & Gas may collect from You, hold and/or use the following kinds of Personal Information:
A. your name;
B. your address;
C. your contact details including but not limited to telephone number and email address;
D. the name of any entity and/or organisation that You represent or have an interest in;
E. the address of any entity and/or organisation that You represent or have an interest in; and
F. the contact details including but not limited to telephone number and email address of any entity and/or organisation that You represent or have an interest in.
8. Adam Plumbing & Gas may disclose Personal Information to third parties who may be located overseas to affect any obligation contained in any agreement entered into by You on or in relation to the Website or services provided by Adam Plumbing & Gas Examples of such third parties include by are not limited to:marketing, advertising, search engine optimisation, search engine marketing and/or the like professionals engaged by Adam Plumbing & Gas;
A. information technology and/or cybersecurity professionals engaged by Adam Plumbing & Gas;
B. third party applications and websites;
C. your authorised representative(s) when Adam Plumbing & Gas is requested expressly by You in writing;
D. Adam Plumbing & Gas ’s professional advisors; or
E. government, regulatory authorities, law enforcement agencies and any other organisation when required by
If Adam Plumbing & Gas discloses your Personal Information to third parties located overseas, Adam Plumbing & Gas will take reasonable steps in the circumstances to make sure that the third party located overseas does not breach the Australian Privacy Principles.
9. You acknowledge that Adam Plumbing & Gas may store and/or manage your Personal Information in servers and/or cloud-based storage systems located overseas.
10. Adam Plumbing & Gas will only collect Personal Information using lawful and fair practices.
11. Adam Plumbing & Gas will not collect, hold or use your Personal Information for any other purpose than listed above without your prior consent unless allowed by the Australian Privacy Principles or as required by law.
12. Adam Plumbing & Gas will take all reasonable steps to ensure that Personal Information collected, used or disclosed is accurate, current, complete, relevant and not misleading. Adam Plumbing & Gas may correct your Personal Information if reasonable taking into account the purpose for which the Personal Information is held.
13. Adam Plumbing & Gas accepts no liability for the privacy practices of third party and/or external websites and service providers connected with the services provided by Adam Plumbing & Gas or access to or use of the website.
14. Data files known as ‘Cookies’ or an equivalent may be saved by your internet browser on your computer or device. Cookies are used to determine how Website Users use the internet. Cookies do not contain any Personal Information. The following information may be obtained by the use of Cookies from You:
A. your computer operating system;
B. your computer’s browsing software; and
C. details as to your internet use.
15. You may at any time contact Adam Plumbing & Gas by email to admin@adamplumbingandgas.com.au to request access to any of your Personal Information collected, held or used by Adam Plumbing & Gas. Adam Plumbing & Gas will respond to any request in a timely manner taking into consideration the nature of the request. Personal Information will be provided in the manner requested unless unreasonable and impractical as determined by Adam Plumbing & Gas. If Adam Plumbing & Gas refuses to provide access to any Personal Information in accordance with the Australian Privacy Principles or refuses to provide the Personal Information in the manner requested, Adam Plumbing & Gas will provide written notice of the reasons for refusal unless unreasonable and any method that may be used to complain about the refusal.
16. You may at any time contact Adam Plumbing & Gas by email to admin@adamplumbingandgas.com.au to correct your Personal Information if reasonable taking into account the purpose for which the Personal Information is held. Adam Plumbing & Gas will respond to any request in a timely
17. You may at any time contact Adam Plumbing & Gas by email to admin@adamplumbingandgas.com.au with any queries and/or complaints in relation to this privacy policy. Adam Plumbing & Gas will respond to any request in writing in a timely manner taking into consideration the nature of the query and/or
18. Adam Plumbing & Gas reserves the right to amend this policy from time to time to comply with the Australian Privacy Act 1988 (Cth) and any other applicable State or Federal legislation.
