Kirby Online Customer Service Facility Terms of Use

1. Your agreement with us

1.1By using or accessing the Kirby Online Customer Service Facility ("Service") provided on the website www.kirbyhvacr.com.au, you agree to be bound by the terms and conditions set out below ("Terms of Use").

1.2 In these Terms of Use, a reference to "we", "us", "our" and "Kirby" means Kirby HVACR Pty Ltd (ABN 42 624 910 041) as the context requires.

1.3 In these Terms of Use, supply of the Service to:

(a) Australian customers will be described as the "Australian Service"

1.4 A reference to "you" or "your" in these Terms of Use is a reference to Kirby customers who have been provided with secure login details (in the form of an account number and password) to access, review or use the Service.

1.5 Except to the extent that these Terms of Use apply or as required by law, your use of this Service and receipt of any information from us does not create any legal relationship between you and us.

2. What the Service does

2.1 The purpose of our Service is to provide an online customer self-service portal, enabling you, as a Kirby customer, to login to the Service and:

(a) view your account information;
(b) view your invoices (for up to 90 days);
(c) view your statements (for up to 12 months);
(d) view your gas statements (for up to 12 months);
(e) pay your invoices online;
(f) track and manage your refrigerant cylinders;
(g) access pricing; and
(h) as the Primary Account Holder, to create multiple user accounts (User Accounts), by adding additional users to your account with their own unique password and defined level of access. For further information regarding the Primary Account Holder please refer to clause 4.

3. Use of this Website and Access

3.1 You may access our Website and our Service at any time, unless we have restricted access in order to perform necessary maintenance, updates or upgrades. Your ability to access our Website and our Service will otherwise depend on factors out of our control and we do not take or share any responsibility for those factors such as the quality of your internet connection and the state of your hardware.

3.2 Through our Website, you may view, cache, browse, display, print or download a copy of any content featured on our Website to your computer, PROVIDED THAT YOU:

(a) use it for personal use only and not for any purposes that are commercial, unlawful or may prejudice the reputation or interests of Kirby;
(b) keep your account username and password secure. You must not share your password with any person. You may only use your own account, and must not use or access any other person's account, except where you have been authorised by the initial account holder as an additional user;
(c) do not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;
(d) do not use or access our Website in a manner or for a purpose contrary to the law;
(e) do not hack into, change or otherwise knowingly transmit a virus or otherwise damage our Website or any information contained within it;
(f) do not link it to another website; and
(g) do not breach any other terms of these Terms of Use, or our Terms and Conditions of Sale and Hire, or our Privacy Policy which both appear on our Website.

4. Responsibilities of the Primary Account Holder

4.1 The Primary Account Holder must apply manually for use of our Service and will be the signatory on all applications. The Primary Account Holder is a person authorised by their company to grant access to other staff members within their company to their account information. The Primary Account Holder may create multiple User Accounts for these staff members with separate login details and restricted access to only some areas of the portal.

4.2 The Primary Account Holder is responsible for the deletion of any User Accounts created, and must delete the User Account if the staff member leaves the company. Kirby takes no responsibility for the level of access granted to the staff members, or for the deletion of these User Accounts.

5. Technical Information and Security

5.1 The transmission of data over the internet is not always secure. Although we endeavour to secure our Website, we are not liable for any breaches of security and you use our Website entirely at your own risk.

5.2 We do not warrant that the functions available on our Website will be uninterrupted or error free, or free of viruses or programming bugs or interferences due to factors outside our control.

5.3 Your ability to access our Website will depend on factors out of our control and we do not take any responsibility or provide any warranties that this Website will be accessible through all web browsers or that it will be accessible at all times.

5.4 You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

6. Payment

6.1 The accepted methods of payment on our Website are Visa and MasterCard only. Payment made by either of these methods will not incur any surcharge to the customer.

6.2

6.3 For further details regarding payment or our refunds policies, please refer to our Terms and Conditions of Sale and Hire which may be accessed from the following link: http://www.kirbyhvacr.com.au/terms-and-conditions.

7. Intellectual Property

7.1 Our Website contains intellectual property including trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.

7.2 You should assume that all intellectual property on our Website is owned by Kirby or third parties and unless permitted by law, you must not copy, reproduce, transmit, display or otherwise distribute any of that intellectual property in whole or in part without our prior written consent.

8. Suspension or Termination of Access

8.1 We reserve the right to suspend or terminate your account or access to our Website or our Service at our sole discretion if we believe that you have breached any of these Terms of Use.

8.2 When that happens, we will endeavour to notify you of the breach and ways in which you can remedy it.

9. Disclaimers

9.1 While we endeavour to ensure the accuracy and completeness of the information contained on our Website, that information may contain errors and omissions and is liable to change. We make no warranties and accept no responsibility for any loss or damage you may suffer as a result of your reliance on any of the material on our Website (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material).

9.2 Except to the extent required by law, the contents of our Website are provided without any express or implied representations or warranties. We exclude all implied conditions and warranties relating to the content of our Website to the extent permitted by law.

9.3 In the case of the Australian Service, where liability cannot be excluded any liability incurred by us in relation to the use of our Website or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).

9.5 To the maximum extent permitted by law:

(a) you agree that Kirby and its committee of management, officers, employees, agents, contractors, service providers, successors or assigns will not be liable for any direct or indirect loss or damage, whatsoever (including through negligence) arising out of, or in any way related to, the use of our Website;
(b) subject to clause 9.1, under no circumstances will we be liable for any incidental, direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses you or others may suffer including damages for loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of our Website;
(c) we are not responsible to you or anyone else for any loss suffered in connection with the use of our Website, any of its contents, for any loss incurred as a result of damage to your or another person's computer system or the transmission of any computer viruses; and
(d) you indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with your breach of these Terms of Use or of any other legal obligation by you or your use of or conduct on our Website or our Service.

10. Privacy Policy

10.1 Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from the following link: http://www.kirbyhvacr.com.au/terms-and-conditions.

11. General

11.1 These Terms of Use are in addition to, and not in derogation of, any other terms or conditions that appear elsewhere on our Website, including our Terms and Conditions of Sale and Hire which may be accessed from the following link: http://www.kirbyhvacr.com.au/terms-and-conditions, and must be interpreted accordingly.

11.2 These Terms of Use may be varied from time to time, and this may occur without notice to you. When these Terms of Use are updated, we will endeavour to provide notice to you on our Website, prior to you logging in to access our Service. Please ensure that you review these Terms of Use regularly as you will be deemed to have accepted a variation if you continue to use our Website or our Service after a variation to the Terms of Use has been posted.

11.3 If any part of these Terms of Use is determined to be illegal, invalid or otherwise unenforceable or void, that part shall be severed to the extent necessary and the remainder of these Terms of Use shall continue in full force and effect.

11.4 No waiver of any breach of these Terms of Use will be construed as a waiver of any other breach of these Terms of Use.

11.5 In the case of the Australian Service:

(a) the information on this Website is provided for Australian users (accessing the Website both in Australia and outside of Australia) and visitors to Australia (foreign person's accessing the Website whilst within Australia but only to the extent that they remain in Australia) only; and
(b) the Terms of Use shall be governed by the laws of the State of New South Wales and the parties submit to the non-exclusive jurisdiction of the Courts of that State.

If you have a query regarding these Terms of Use or for further information on using this Website, please contact:

Kirby HVAC&R Pty Ltd
Telephone: +61 2 9774 7155
Email: info@heatcraft.com.au
Address: 286 Horsley Road, Milperra, Sydney 2214, Australia