The information and services on the Site are provided by Camsure and are the property of Camsure. By using the Site, You are using Our property and, in consideration for Us allowing You to do so, You accept these Terms as a contract between You and Us relating to that use.
These Terms govern Your use of Our website located at www.camsure.com.au ("Site") and form a binding contractual agreement (“Agreement”) between You, the user of the Site, and Us.
For that reason these Terms and the Agreement are important and You should ensure that You read them carefully and contact Us with any questions before You use the Site. You can contact Us at 13 00 45 13 07.
By using the Site You irrevocably acknowledge and agree that You have read and understood these Terms and You unreservedly and irrevocably accept that Your use of this Site means you have a binding Agreement with Us. If You do not agree to the Terms and this Agreement, please do not use the Site.
1. Licence to use Site Content
We grant You a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with these Terms.
However, international visitors to this Site should not rely on information contained in it, including, without limitation, specifications or pricing. We do not accept international orders.
1.1 Site Content
1.1.1 Camsure may, at any time, add or remove content from the Site without notice
1.1.2 Any articles, information or content published on this website must be read subject to these Terms.
1.1.3 Camsure takes reasonable steps to verify that the information on the Site is accurate. You agree that Camsure is not responsible for any matter arising from incorrect information supplied:
a. by Us; or,
b. our third party suppliers and manufacturers; or,
c. suppliers changing product specifications without notice to Us.
You agree to:
126.96.36.199 verify the information provided and to assess the suitability of products to You; and,
188.8.131.52 ensure that those products are suitable for Your purpose, before You purchase. We rely on Your verification and assessment in this regard.
1.1.4 Products displayed on Our Site for sale, and any associated information about them, is given as general information only. It is current at the time of first publication. It is not legal or other professional advice, nor is it intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, product or service displayed on the Site. You agree you have taken independent advice on the information, product or service before acting or relying on any of it.
1.1.5 The Site may feature or display third party advertising or content. By featuring or displaying such advertising or content, Camsure does not in any way represent that Camsure recommends or endorses the relevant advertiser or its products or services.
1.1.6 Camsure, and any third party provider, will not be liable for any errors in content on the Site , or for any actions You take in reliance on them. Camsure is not liable for any delays, inaccuracies, errors or omissions in respect of such Site content, the transmission or delivery of such content or any loss or damage arising from any of them.
1.1.7 Camsure may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at Your own risk. We do not accept any responsibility in connection with Your participation in activities conducted by any other party.
2. Use of the Site
2.1 You agree to use the Site only for purposes:
2.1.1 which are allowable by any applicable law or regulation; or,
2.1.2 pursuant to any generally accepted usage, practice or set of guidelines; and,
2.1.3 permitted by these Terms,
2.2 You agree that You will not do anything which interferes with or disrupts the Site or the servers and networks that host this Site. You warrant that You will not attempt to circumvent, disable or otherwise interfere with Site security-related features, including, without limitation, features that prevent or restrict the use or copying of any content; or, enforce limitations on the use of this Site or the content.
2.3 You are aware that, understand and agree that, any suspected fraudulent, abusive or illegal activity may be referred by Us to law enforcement authorities or may, indeed, be viewed, tracked, copied or stored by relevant authorities.
2.4 Camsure may stop (temporarily or permanently) providing access to the Site to You, or others generally, at its discretion and without prior notice to You.
2.5 We may, in our sole discretion restrict Your Site access. If We do this, You may be prevented from accessing all or parts of the Site, including, without limitation, Your account details or other account content contained in your account. We will not be liable to You or any third party for doing so.
2.6 You acknowledge and agree that electronic websites (including the Site) are subject to, without limitation: surveillance, interruption, cessation or breakdown, viruses, hackers and other benign, detrimental or neutral matters, effects or events which may affect You, Us and others. Access to this website is offered on an "as is" and "as available" basis only. You acknowledge and agree that none of Us, our hosts, or third party service or product providers will be liable for any Site service interruption, stoppage or other event or effect.
2.7 Camsure may impose limits or restrictions on the use You may make of Our Site for security, technical, maintenance, legal or regulatory reasons; or, due to any breach of these terms by You or others. Camsure may withdraw this Site, or change or remove functionality at any time without notice to You.
2.8 You must not add any content to the Site:
2.8.1 that could cause You or Us to breach any law, regulation, rule, code or other legal obligation; or,
2.8.3 which could, reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial or religious hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or,
2.8.4 that would bring Us, or the Site, into disrepute; or
2.8.5 that infringes the intellectual property or other rights of any person; or,
any one or all of them.
3. Secure Data and Transmissions
Given the nature of the internet, We cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and We do not warrant that Your access to Our Site will be uninterrupted, error free or that any defects will be corrected. Whilst Camsure and Our third party associates take precautions to protect information, We do not warrant and cannot ensure the security of any content or information you transmit via Our Site. You therefore transmit to the website at Your own risk. However, once Camsure or its third party receives your transmission, We and Our third party associates will take reasonable steps to preserve its security. If You become aware of any problems with the security of the website, please contact Us immediately.
You must take Your own precautions to ensure that the process which You use to access Our Site or any other website does not expose You to the risk of viruses, malicious computer codes or other forms of interference which may damage Your own computer system. For the avoidance of doubt, neither Camsure nor our third party associates will accept any responsibility for any interference or damage to Your own computer system which arises in connection with Your use of Our Site, any website or any linked website.
4. Cookies and Apps
In these Terms the following definitions will apply:
A ‘Cookie’ is a small piece of data sent from a website to be stored in a user's web browser. The first time the user loads the website, the browser sends the cookie back to the server to notify the website of the user's activity.
Each subsequent time the user loads the website, the browser again sends the cookie back to the server to notify the website of the user's activity. Cookies were designed to be a reliable mechanism for websites to remember information or to record the user's browsing activity.
Cookies themselves may not carry viruses or install malware on the host computer. However, tracking cookies, and especially third-party tracking cookies, are commonly used as ways to compile long-term records of individuals' browsing histories and may pose a potential privacy concern. Cookies can also store passwords and content a user has previously entered, such as a credit card number or an address.
Cookies are essential to the functioning of the Worldwide Web. Authentication cookies are the most common method used by web servers to know whether the user is logged in or not, and which account they are logged in with. Without such a mechanism, the site would not know whether to send a page containing sensitive information, or require the user to authenticate themselves by logging in.
The security of an authentication cookie generally depends on the security of the issuing website and the user's web browser, and on whether the cookie data is encrypted.
Security vulnerabilities may allow a cookie's data to be read by a hacker, used to gain access to user data, or used to gain access (with the user's credentials) to the website to which the cookie belongs (cross-site scripting and cross-site request forgery are examples).
An ‘App’ is a short form of the word ‘Application’. The word ‘Application’, in relation to information technology and computers, refers to a set of computer programs designed to permit the user to perform a group of coordinated functions, tasks, or activities.
An ‘App’ therefore is a software program and usually refers to software used on a smartphone or mobile device.
4.3 We disclose further that the security systems being sold on this Site and bought by You, will require the installation of an App if you are to control your security system from your mobile device or use any installed camera from that mobile device.
6.1 We make no representation or warranty of any kind, express or implied, in relation to any information, content, materials or products included in Our Site or to its availability, functionality or performance, except as otherwise provided under any applicable law.
6.2 We do not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our, or our third party supplier’s, control), which You may directly or indirectly suffer in connection with Your use of Our Site or any linked website. Nor do We (or Our suppliers) accept any responsibility for any such loss arising out of Your use of, or reliance on, information contained on, or accessed through, Our Site. To the maximum extent permitted by Law, Camsure disclaims any representation or warranty as to the completeness, accuracy, merchantability or fitness for purpose of the Site or the information that it contains.
6.3 The use of the information on Our Site is at Your own risk. To the full extent permitted by Law, Camsure excludes all liability in respect of any injury, loss or damage arising out of, or related to, Your use, or inability to use, the information on Our Site or provided through Our Site through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by Law, We limit Our liability to the re-supply of the relevant information or services.
6.4 You agree to indemnify Camsure and other persons involved in the creation or servicing of Our Site from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of Our Site, any information that You provide via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.
Our Site may contain links to other websites, content or resources, which are owned or operated by third parties.
These linked websites are not under Camsure’s control and Camsure is not responsible for the operation, availability or contents of any linked websites or any link contained in a linked website. Camsure provides these links to You for convenience only and the inclusion of any link does not imply Our endorsement of the linked website.
We do not endorse and are not responsible or liable for any and all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, and any advertising, products, or other materials on or available from such sites or resources. You access linked websites at Your own risk.
You further acknowledge and agree that We will not be responsible or liable, directly or indirectly, for any damage or loss (direct or consequential) caused, or alleged to be caused, by or in connection with, use of, or reliance upon, any such information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, goods or services available on or through any such site or resource.
8. Your Acknowledgement and Agreements
You acknowledge and agree that:
8.1 We retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
8.2 We do not warrant that:
a. The goods or services on our Site will meet Your requirements;
b. Our Site will be uninterrupted, timely, secure, or error-free;
c. the results that may be obtained from the use of Our Site will be accurate or reliable;
d. the quality of any products, services, information, or other material purchased or obtained by You through Our Site will meet Your expectations; and,
e. any errors in the Site software will be corrected..
9. Intellectual Property Rights
9.1 Nothing in these Terms constitutes a transfer to You of any Our (or any third party supplier’s) intellectual property rights. You acknowledge and agree that, as between You and Us, we own or are licensed to use all intellectual property rights in relation to the Site.
9.2 By posting or adding any content onto the Site, You grant Us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and You permit Us to authorise any other person to do the same thing.
9.3 By taking any action pursuant to 9.2 above, You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if You add any content in which any third party has moral rights, You must also ensure that the third party also consents in the same manner.
9.4 This clause 9 and the licence in paragraph 9.2 will survive any termination of these Terms.
9.5 You represent and warrant to Us that You have all necessary rights to grant the licences and consents set out in paragraphs 9.2 to 9.4 inclusive and You acknowledge and agree that We will rely on the representations, agreements and acknowledgements by You contained in this clause 9.
You represent and warrant to Us that You:
10.1 have the legal capacity to enter this Agreement; and
10.2 have read, understood and accepted the Terms and this Agreement;
10.3 will not use any automatic scripting tool or software;
10.4 will not impersonate another person;
10.5 will not, on our Site: Publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent or offensive, nor will You use Our Site to defame, abuse, harass, stalk, threaten or otherwise offend others;
10.6 will not engage in, or promote on, Our Site any surveys, contests, pyramid schemes, chain letters, unsolicited emails or spamming;
10.7 will not place on Our Site any document or material which is the property of a third party or which contains viruses or other computer codes, files or programs which may or might interrupt, limit or destroy the functionality of Our Site or the hardware or software of others;
10.8 understand that Our Site provides general information only and that it is not intended as individual advice to You on which You are entitled to rely. You must rely only on advice you have sought from professional advisers and paid for.
We will rely on these warranties and representations made by You and damages may not be an adequate or sufficient remedy for any breach by You of Your warranties and representations in this clause 10. The provisions of this clause 10 will survive the termination of this Agreement.
11.1 To the fullest extent permitted by Law, We exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
11.2 To the full extent permitted by Law, We exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
11.3 These Terms are to be read subject to any legislation (including the Australian Consumer Law) which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, and to the extent possible, We limit our liability in respect of any claim to, at Our option:
▪ in the case of goods:
a. the replacement of the goods or the supply of equivalent goods;
b. the repair of the goods;
c. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
d. the payment of having the goods repaired, and
▪ in the case of services:
e. the supply of the services again; or
f. the payment of the cost of having the services supplied again.
12. Camsure Security Group as Trustee
12.1 This clause 12 applies at all times during which We hold an interest in or operate the Site.
12.2 You acknowledge that We operate the Site, have the Intellectual Property Rights or Licences and the Moral Rights in the Site and content, services or products and We contract with You in, and only in, Our capacity as trustee of a trust and that any obligations We might incur thereby are incurred only in Our capacity as trustee of a trust.
12.3 Except in the case, and to the extent, of a reduction in the extent of Our indemnification out of the assets of the trust as a result of the Our fraud, negligence, breach of trust or breach of duty:
a. We are not liable to pay or satisfy any obligation arising from these Terms out of any assets which are not trust assets and in respect of which trust assets We are entitled to be and, in fact, are indemnified as trustee of the trust;
b. You may enforce any rights You may have against Us arising from, or in connection with, the non-performance of Our obligations only to the extent of Our right of indemnity (as trustee) out of the assets of the trust; and,
c. You waive any purported right in You, and release Us from all personal liability in respect of: Any loss, cost, damage, liability or other detriment which You may suffer or incur as a result of any:
i. breach of these Terms by Us; or
ii. non-performance by Us of Our obligations,
which cannot be paid or satisfied from the assets which we are entitled to be and are, in fact, indemnified in respect of any breach or non-performance by Us as trustee of the trust.
12.4 No attorney, agent or other person appointed by Us for the purposes of these Terms has authority to act on behalf of Us in a way which exposes Us to any personal liability and no act or omission of such a person will be considered fraud, negligence, breach of trust or breach of duty by Us for the purposes of clause 12.3.
12.5 This clause 12 survives the termination of these Terms or a transfer of all of Our interests in the Site and will continue to have full force and effect in relation to the times it is stated to apply.
These Terms terminate automatically if, for any reason, We cease to operate Our Site.
We may otherwise terminate these Terms immediately, on notice to You, if You have breached these Terms in any way.
14.1 You must not assign, sublicence or otherwise deal in any other way with any of Your rights under these Terms.
14.2 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
14.3 Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
14.4 These Terms are governed by the Law of State of Victoria in the Commonwealth of Australia and each party submits to the exclusive jurisdiction of the courts of the State of Victoria.
We or Us means Camsure. Our or Ours are construed accordingly;
You means a user of this Site and You may be a natural person, a corporation or any other legal entity. Your or Yours are construed accordingly;
Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application;
Moral Rights has the meaning given under the Copyright Act 1968 (Cth).
These Terms constitute the entire agreement between you and Us and govern your use of Our Site. These Terms supersede any prior agreements between you and Us for the use of Our Site and Our services.
a. words importing persons include corporations, Governments, trusts, joint ventures, partnerships, firms, unincorporated bodies and Authorities;
b. words importing the masculine gender include the feminine and neuter genders as the case may require;
c. a reference to a person includes the person's executors, administrators, successors and permitted substitutes or, in the case of the Tenant, its permitted assigns;
d. the singular includes the plural and vice versa;
e. a reference to any thing (including any amount or right) includes the whole or any part of that thing;
f. a reference either generally or specifically to any Act of Parliament includes any statutory modification, amendment to, replacement or re-enactment or consolidation of that Act for the time being in force and any reference to any provision of that Act is to the provision so modified, amended, replaced, re-enacted or consolidated and any such reference also includes any rules, by-laws, regulations and orders made under that Act;
g. a reference to these Terms or another instrument (or any one or more of its provisions) includes any variation or replacement of any of them, except to the extent prohibited by these Terms or that other instrument;
h. a reference to a body or Authority includes the body or Authority which replaces or serves substantially the same objects as the one referred to;
i. clause headings have been inserted for guidance or direction only and do not form part of or affect the construction of these Terms;
j. a reference to a clause, schedule, paragraph or special condition by number or to a recital by letter is a reference to a clause, schedule, paragraph, special condition or recital of these Terms;
k. where these Terms is define a thing, another part of speech or grammatical form of that thing has a corresponding meaning;
l. where any form of the word “include” is used, it is interpreted as if followed by “(without limitation)”;
k. a reference to ‘writing’ includes a facsimile or email transmission and any means of reproducing words in a tangible and permanently visible form;
l. unless otherwise stated one word or provision does not limit the effect of another;
m. a reference to conduct includes any omission, statement or undertaking, whether or not in writing; and
n. words importing ‘do’ include do, permit or omit or cause to be done or omitted;
o. This document is not to be interpreted to the disadvantage of a party merely because that party was responsible for preparing it.