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Terms of Service for Skylights Australia

1. General Terms (Applicable to Both Customers and Installers)

  1. Introduction:
    • Welcome to SkylightsAustralia.au. By accessing, browsing, or using our platform, you agree to be bound by these Terms of Service. SkylightsAustralia.au reserves the right to modify these terms with notice to users, in compliance with Australian Consumer Law (ACL).
  2. Use of the Site:
    • Users are granted a limited, non-exclusive, revocable license to access and use the site for personal, non-commercial purposes. Any misuse of the site, including unauthorised access, interference, or attempts to manipulate its content, is strictly prohibited.
  3. Intellectual Property:
    • All content on the website, including text, images, logos, and other media, is the intellectual property of Skylights Australia and is protected under Australian copyright laws. Unauthorised use of any content without prior written consent is prohibited.
  4. Third-Party Links:
    • Our website may contain links to third-party websites for your convenience. We do not endorse, nor are we responsible for, the content, security, or privacy practices of these external sites. Users should exercise caution when navigating to third-party websites.
  5. Limitation of Liability:
    • To the maximum extent permitted by Australian law, SkylightsAustralia.au will not be liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the website. However, this limitation of liability does not exclude any rights or remedies you may have under Australian Consumer Law (ACL).
  6. Indemnity:
    • Users agree to indemnify and hold SkylightsAustralia.au harmless from any claims, damages, or liabilities arising from their use of the platform or any breach of these Terms of Service, to the extent permitted by Australian law.

2. Customer-Specific Terms

  1. Customer Responsibilities:
    • Customers are responsible for clearly communicating their installation requirements and any specific preferences to the installer before work begins. Failure to do so may result in installation outcomes that do not meet customer expectations, and SkylightsAustralia.au shall not be held liable for any issues arising from insufficient communication.
  2. Warranty for Products:
    • All products listed on SkylightsAustralia.au are covered by manufacturer warranties. For warranty claims, please contact the manufacturer or installer directly. In addition to manufacturer warranties, customers have statutory rights under Australian Consumer Law (ACL), which provides guarantees for products and services.
  3. Installation Warranty Disclaimer:
    • SkylightsAustralia.au does not provide warranties for installation services. Any issues with installation should be addressed directly with the installer.
  4. User Maintenance Responsibilities:
    • Customers must maintain their skylights to ensure longevity. Failure to do so may void the warranty.

3. Installer-Specific Terms

  1. Performance Standards:
    • Installers must adhere to Australian industry standards, including all relevant state and federal safety regulations when performing installation services. Failure to comply with these standards may result in suspension or removal from the SkylightsAustralia.au platform and potential legal penalties under Australian law.
  2. Insurance and Licensing:
    • All installers listed on SkylightsAustralia.au must maintain valid and current insurance, including public liability insurance and workers’ compensation insurance, as required by Australian law. SkylightsAustralia.au reserves the right to request proof of insurance and licensing at any time to ensure compliance with safety and operational standards.
  3. Dispute Resolution Between Installers and Customers:
    • SkylightsAustralia.au encourages installers and customers to resolve disputes directly in a professional and timely manner. SkylightsAustralia.au will not mediate disputes; however, we recommend that both parties pursue amicable resolutions through negotiation. In cases where disputes cannot be resolved, installers may need to seek external mediation or legal channels.
  4. Installer Removal or Suspension:
    • SkylightsAustralia.au may suspend or permanently remove installers from the platform for failure to comply with performance standards, safety regulations, or insurance and licensing requirements. Non-compliance with Australian law may result in further legal action, including fines or penalties.

4. Warranty Information

  1. Product Warranty:
    • Manufacturer warranties apply to products sold on SkylightsAustralia.au. Customers are encouraged to review the manufacturer’s warranty for detailed terms. In addition, customers are protected by statutory guarantees under Australian Consumer Law (ACL), which provide remedies for faulty products or services, even after the manufacturer’s warranty has expired.
  2. Installation Warranty Disclaimer:
    • SkylightsAustralia.au is not responsible for the installation services provided by independent third-party installers. Any warranty claims or service issues related to installation must be addressed directly with the installer. Customers should review the terms provided by the installer for installation warranties.
  3. Warranty Exclusions:
    • Manufacturer warranties may exclude certain types of damage, such as improper installation, misuse, or weather-related issues. These exclusions do not affect statutory guarantees under Australian Consumer Law, which provide remedies for defective products or services, regardless of the manufacturer’s exclusions.
  4. Statutory Guarantees Under Australian Consumer Law:
    • Australian consumers are entitled to statutory guarantees under Australian Consumer Law (ACL). These guarantees include the right to repairs, replacements, or refunds for faulty products or services, regardless of the status of the manufacturer’s warranty. Customers are entitled to these remedies if products do not meet the acceptable quality standard set by ACL.

5. Dispute Resolution

  1. Dispute Resolution Process (Customers):
    • SkylightsAustralia.au encourages customers to resolve disputes through direct and amicable discussions with the installer or service provider. If no resolution is reached, we recommend pursuing mediation or arbitration before considering legal action. This process aligns with Australian legal frameworks for dispute resolution.
  2. Dispute Resolution Process (Installers):
    • Installers are expected to resolve disputes directly with customers in a timely and professional manner. SkylightsAustralia.au does not mediate disputes between customers and installers. We advise both parties to seek independent legal advice if necessary.
  3. Jurisdiction:
    • Any disputes under these Terms of Service will be governed by the laws of Australia, with Australian consumers retaining their rights under Australian Consumer Law (ACL).

6. Contact Information

For any questions regarding these terms, please contact us:

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