- ‘the service’, service, site, and/or website means Online Ordering Portal
- You, client, customer refers to you, yourself or another authorised individual acting on your behalf on your Online Ordering Portal Account
- Us, we, our, ‘Starline’, ‘Starline Security’ means Jolly Jane Pty Ltd
This service is operated by Jolly Jane Pty Ltd trading as Starline Security ABN 45 039 604 874.
Our licence to you
Your licence to us
By using our Online Ordering Portal you consent to adhere to the following conduct outlined below and are bound by any of the terms otherwise described in this policy.
- You agree to use this service for its intended purposes and/or in accordance with the terms outlined in this policy
- You agree that your conduct and/or activity on our service will not disrupt, harm or cause damage to the service, software, information and Starline Security.
- You acknowledge that any unlawful, fraudulent and/or abusive activity on our service may result in legal action at Starline’s discretion
Starline acknowledges that digital services are subject to interruption or malfunction, therefore access to our service is on an ‘as is/available’ basis only
- If granted access to post information on our service, you acknowledge and agree that we may revoke your access to our service if any information provided by you is defamatory, negligent, harmful, sexually obsene, discriminative or breaches the terms or intent of the terms outlined in this policy
You must not provide information to us or our Service if it infringes the privacy rights of a third party, creates a liability for us or infringes any third party’s copyright or property
ONLINE ORDERING PORTAL ACCOUNTS
Your Online Ordering Portal Account gives you access to the services and products that we may establish at times at our sole discretion. Starline may authorise clients access to their order history, invoices, shipping and delivery information through the use of our Service when we choose to make it available to you. We may request that you must create an account with a username and password individualised to you. If requested, Starline holds you responsible for ensuring the confidentiality of your account details and assumes and enforces that you are responsible for all actions made through your Online Ordering Portal account. If we authorise you access to our service through a third-party service such as Facebook or Google, you grant us permission to access, manage and use the data from that service in accordance with the permissions of that service.
THE USE AND STORAGE OF YOUR INFORMATION
TERMINATION OF ACCOUNT
Starline holds the right, at our sole discretion without notice, the ability to restrict or disable your access to our Service. This reference is inclusive of all our products, particularly access to your Online Ordering Portal account and you accept that we are not liable for any loss suffered by you resulting from the restriction of access to such services. These terms will continue to apply until terminated by us. Starline reserves the right to terminate your access to our service if any of the terms outlined in this policy have been breached. You can void your agreement with the terms of this policy by discontinuing the use of our Online Ordering Portal.
ACCURACY OF INFORMATION
We aim that information provided on our Service, is updated and relevant, however, we acknowledge that occasionally information presented on our Online Ordering Portal may include technical and/or typographical errors. Whilst the maintenance of the information presented through our Service is imperative, Starline holds no responsibility as to the accuracy and suitability of any information from our Online Ordering Portal. You should verify the information with our staff before proceeding on the basis of such information.
CANCELLATION OF ORDERS
Starline Security’s Terms and Conditions of Trade outlines the guidelines, eligibility and processes regarding the cancellation of any order made on our Online Ordering Portal by you, an authorised entity acting on your behalf, and/or your Online Ordering Portal account.
WARRANTY, RETURNS AND REFUNDS
Starline Security products are customised in accordance with the specifications of your request. Therefore, Starline will not provide any refunds of all our products once your order has been processed in production. Starline Security’s Terms and Conditions of Trade outlines the conditions regarding warranty, returns and refund enquiries.
DISCLAIMER AND LIMITATION OF LIABILITY
Starline is unable to guarantee that the use of our Online Ordering Portal will be free from technical and software malfunctions and the use of our Service is at the risk and sole discretion of you. We will not be liable for any damages of any kind arising from the use of our Service – issues may include but are not limited to, indirect, accidental or issues resulting from the use of our Service. Starline accepts no responsibility for technical damage (ie. viruses or software issues) resulting from your access to our Online Ordering Portal.
COPYRIGHT AND RESTRICTED USE
Copyright in our service (which includes graphics, logos, icons, text and software) is property of Starline Security. We prohibit the imitation and emulation of any property owned by Starline Security without our explicit consent in writing. You may not, under the Copyright Act 1968 Cth and similar laws applicable in your jurisdiction, by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Service; or commercialise any information, products or services obtained from any part of this Service; without our written permission.
If such provisions have been breached, we will exercise our statutory right to enforce civil and/or criminal interventions.
Jolly Jane Pty Ltd T/A Starline Security – Terms & Conditions of Trade
1.1 “Starline” shall mean Jolly Jane Pty Ltd T/A Starline Security its successors and assigns or any person acting on behalf of and with the authority of Jolly Jane Pty Ltd T/A Starline Security.
1.2 “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by Starline to the Client.
1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.
1.4 “Goods” shall mean Goods supplied by Starline to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by Starline to the Client.
1.5 “Services” shall mean all Services supplied by Starline to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.6 “Price” shall mean the Price payable for the Goods as agreed between Starline and the Client in accordance with clause 4 of this contract.
2. The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair Trading Acts (“FTA”)
2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
3.1 Any instructions received by Starline from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by Starline shall constitute acceptance of the terms and conditions contained herein.
3.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
3.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of Starline.
3.4 The Client shall give Starline not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by Starline as a result of the Client’s failure to comply with this clause.
3.5 Goods are supplied by Starline only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Client’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.
4. Price and Payment
4.1 At Starline’s sole discretion the Price shall be either:
(a) as indicated on invoices provided by Starline to the Client in respect of Goods supplied; or
(b) Starline’s quoted Price (subject to clause 4.2) which shall be binding upon Starline provided that the Client shall accept Starline’s quotation in writing within thirty (30) days.
4.2 Starline reserves the right to change the Price in the event of a variation to Starline’s quotation. Any variation from the plan of scheduled works or specifications (including, but not limited to, any variation due to unforeseen circumstances (including, but not limited to, the door jams being damaged by termites, or due to incorrect measurements being supplied), or as a result of increases to Starline in the cost of materials and labour) will be charged for on the basis of Starline’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.
4.3 At Starline’s sole discretion a non-refundable deposit may be required.
4.4 At Starline’s sole discretion payment shall be due on delivery of the Goods.
4.5 Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
4.6 Payment will be made by cash, or by cheque, or by bank cheque, or by credit card (plus a surcharge of up to one percent (1%) of the Price), or by direct credit, or by any other method as agreed to between the Client and Starline.
4.7 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
5. Delivery of Goods
5.1 At Starline’s sole discretion delivery of the Goods shall take place when the Client takes possession of the Goods at the Client’s nominated address (in the event that the Goods are delivered by Starline or Starline’s nominated carrier).
5.2 At Starline’s sole discretion the costs of delivery are included in the Price.
5.3 The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then Starline shall be entitled to charge a reasonable fee for redelivery.
5.4 Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
5.5 Starline may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
5.6 The failure of Starline to deliver shall not entitle either party to treat this contract as repudiated.
5.7 Starline shall not be liable for any loss or damage whatsoever due to failure by Starline to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of Starline.
6.1 If Starline retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.
6.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, Starline is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Starline is sufficient evidence of Starline’s rights to receive the insurance proceeds without the need for any person dealing with Starline to make further enquiries.
6.3 Where the Client expressly requests Starline to leave Goods outside Starline’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk and it shall be the Client’s responsibility to ensure the Goods are insured adequately or at all.
7.1 The Client shall ensure that Starline has clear and free access to the work site at all times to enable them to undertake the works. Starline shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Starline.
8.1 Starline and the Client agree that ownership of the Goods shall not pass until:
(a) the Client has paid Starline all amounts owing for the particular Goods; and
(b) the Client has met all other obligations due by the Client to Starline in respect of all contracts between Starline and the Client.
8.2 Receipt by Starline of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Starline’s ownership or rights in respect of the Goods shall continue.
8.3 It is further agreed that:
(a) where practicable the Goods shall be kept separate and identifiable until Starline shall have received payment and all other obligations of the Client are met; and
(b) until such time as ownership of the Goods shall pass from Starline to the Client Starline may give notice in writing to the Client to return the Goods or any of them to Starline. Upon such notice the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and
(c) Starline shall have the right of stopping the Goods in transit whether or not delivery has been made; and
(d) if the Client fails to return the Goods to Starline then Starline or Starline’s agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods are situated and take possession of the Goods; and
(e) the Client is only a bailee of the Goods and until such time as Starline has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Client owes to Starline for the Goods, on trust for Starline; and
(f) the Client shall not deal with the money of Starline in any way which may be adverse to Starline; and
(g) the Client shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of Starline; and
(h) Starline can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and
(i) until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that Starline will be the owner of the end products.
9.1 The Client shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify Starline of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford Starline an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Starline has agreed in writing that the Client is entitled to reject, Starline’s liability is limited to either (at Starline’s discretion) replacing the Goods or repairing the Goods except where the Client has acquired Goods as a consumer within the meaning of the Trade Practices Act 1974 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods.
9.2 Goods will not be accepted for return other than in accordance with 9.1 above.
10.1 Subject to the conditions of warranty set out in clause 10.2 Starline warrants that if any defect in any workmanship of Starline becomes apparent and is reported to Starline within twelve (12) months of the date of delivery (time being of the essence) then Starline will either (at Starline’s sole discretion) replace or remedy the workmanship.
10.2 The conditions applicable to the warranty given by clause 10.1 are:
(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of the Client to properly maintain any Goods; or
(ii) failure on the part of the Client to follow any instructions or guidelines provided by Starline; or
(iii) any use of any Goods otherwise than for any application specified on a quote or order form; or
(iv) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) fair wear and tear, any accident or act of God.
(b) the warranty shall cease and Starline shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Starline’s consent.
(c) in respect of all claims Starline shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim.
10.3 For Goods not manufactured by Starline, the warranty shall be the current warranty provided by the manufacturer of the Goods. Starline shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
10.4 The conditions applicable to the warranty given on Goods supplied by Starline are contained on the “Warranty Card” that will be supplied with the Goods.
11. Intellectual Property
11.1 Where Starline has designed, drawn or written Goods for the Client, then the copyright in those designs and drawings and documents shall remain vested in Starline, and shall only be used by the Client at Starline’s discretion.
11.2 The Client warrants that all designs or instructions to Starline will not cause Starline to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Starline against any action taken by a third party against Starline in respect of any such infringement.
11.3 The Client hereby authorises Starline to utilise images of the Goods designed or drawn by Starline in advertising, marketing, or competition material by Starline.
12. Default and Consequences of Default
12.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Starline’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
12.2 In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by Starline.
12.3 If the Client defaults in payment of any invoice when due, the Client shall indemnify Starline from and against all costs and disbursements incurred by Starline in pursuing the debt including legal costs on a solicitor and own client basis and Starline’s collection agency costs.
12.4 Without prejudice to any other remedies Starline may have, if at any time the Client is in breach of any obligation (including those relating to payment) Starline may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. Starline will not be liable to the Client for any loss or damage the Client suffers because Starline has exercised its rights under this clause.
12.5 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
12.6 Without prejudice to Starline’s other remedies at law Starline shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Starline shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to Starline becomes overdue, or in Starline’s opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
13. Security and Charge
13.1 Despite anything to the contrary contained herein or any other rights which Starline may have howsoever:
(a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to Starline or Starline’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that Starline (or Starline’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) should Starline elect to proceed in any manner in accordance with this clause and/or its sub clauses, the Client and/or Guarantor shall indemnify Starline from and against all Starline’s costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint Starline or Starline’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 13.1.
14. Dispute Resolution
14.1 If a dispute arises between the parties to this contract then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:
(a) referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and
(b) conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.
15. Compliance with Laws
15.1 The Client and Starline shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the works.
15.2 The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the works.
15.3 The Client agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.
16.1 Starline may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice Starline shall repay to the Client any sums paid in respect of the Price. Starline shall not be liable for any loss or damage whatsoever arising from such cancellation.
16.2 In the event that the Client cancels delivery of Goods the Client shall be liable for any loss incurred by Starline (including, but not limited to, any loss of profits) up to the time of cancellation.
16.3 Cancellation of orders for Goods made to the Client’s specifications or non- stocklist items will definitely not be accepted, once production has commenced.
17. Privacy Act 1988
17.1 The Client and/or the Guarantor/s agree for Starline to obtain from a credit reporting agency a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by Starline.
17.2 The Client and/or the Guarantor/s agree that Starline may exchange information about the Client and the Guarantor/s with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the credit worthiness of Client and/or Guarantor/s.
17.3 The Client consents to Starline being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
17.4 The Client agrees that personal credit information provided may be used and retained by Starline for the following purposes and for other purposes as shall be agreed between the Client and Starline or required by law from time to time:
(a) provision of Goods; and/or
(b) marketing of Goods by Starline, its agents or distributors in relation to the Goods; and/or
(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Goods; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and/or
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.
17.5 Starline may give information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client; and/or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
18. Unpaid Starline’s Rights
18.1 Where the Client has left any item with Starline for repair, modification, exchange or for Starline to perform any other Service in relation to the item and Starline has not received or been tendered the whole of the Price, or the payment has been dishonoured, Starline shall have:
(a) a lien on the item;
(b) the right to retain the item for the Price while Starline is in possession of the item;
(c) a right to sell the item.
18.2 The lien of Starline shall continue despite the commencement of proceedings, or judgment for the Price having been obtained.
19. Building and Construction Industry Payments Act 2004
19.1 At Starline’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Payments Act 2004 may apply.
19.2 Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Building and Construction Industry Payments Act 2004 of Queensland, except to the extent permitted by the Act where applicable.
20.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
20.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.
20.3 Starline shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Starline of these terms and conditions.
20.4 In the event of any breach of this contract by Starline the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
20.5 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Starline nor to withhold payment of any invoice because part of that invoice is in dispute.
20.6 Starline may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
20.7 The Client agrees that Starline may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Starline notifies the Client of such change.
20.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
20.9 The failure by Starline to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Starline’s right to subsequently enforce that provision.
© Copyright – EC Credit Control Pty Ltd – 2009