Terms and Conditions

Introduction

Welcome, these are the Terms and Conditions of Service (the “Terms”) for the website located at www.nationalon.com.au (the “Site”), including its sub-domains and its mobile optimized versions. These Terms shall supplement our Privacy Policy (the “Policy”) and our other guidelines, terms and policies made available by us from time to time, all incorporated herein by reference.

The Site is proudly operated to you by the National Operations Network, hereinafter referred to as “NationalON”. As used herein, the terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to NationalON and/or its affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.

Acceptance

If you continue to browse and use this Site, you hereby acknowledge and agree to be bound by and under these Terms, either by simple use or through a clickable action, such as the “I agree” button or otherwise. These Terms, along with our Policy, will govern NationalON’s relationship with you in relation to the Site and any security products and services offered thereby (collectively, the “Service(s)”). The Services include, but will not be limited to, crowd control, event security, unarmed guards, investigations and skip tracing. Overall, your access to the Site is only offered for your individual use, and not for the use or benefit of any third party you may represent.

Updates

NationalON reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify the Services and Site, at any time and without notice. Any changes to these Terms will be displayed in the Site, and we may notify you through the Site or by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

Account

In order to use part or all of the functionalities and Services provided via the Site, you may need to register for an account. You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential. In order to register and create an account with us, you will need to provide your name, email and other information. You shall not disclose your user credentials to any third party. If you suspect any unauthorized or fraudulent use of your account, please notify us immediately. You must inform us of any changes to the information of your account.

Orders

The products offered via the Site are provided by us and by authorized third parties. As such, NationalON hereby reserves the right to discontinue or change their specifications and to update their availability, eligibility, prices and characteristics, at any time and without any responsibility. NationalON will undertake its reasonable commercial efforts to ensure that the quoted prices and descriptions are true, accurate, updated and correct. Notwithstanding the foregoing, NationalON cannot fully guarantee such information and, therefore prices, availability and other item specifications are subject to change.

Upon placing an order, payment must be received by NationalON prior order processing and shipping/delivery. Once payment clears, we will proceed to shipping. It is made note that all items are subject to availability, and NationalON will inform you if the selected products are out of stock, and the Site will usually display alternatives for your purchase.

Delivery and shipping

Before placing a final order, you will be able to review the amount and type of shipping and handling fees for your order. For the case of temporary unavailable items that you select to purchase, they will be shipped as they become available. All dates displayed are estimated, since NationalON uses third party couriers to ship products, but it will use its commercially reasonable efforts to ship products within a reasonable timeframe after receipt of completed order, as well as to keep you updated via parcel tracking technology.

We usually ship all order items together where possible, and will inform you if your order requires multiple shipments before payment. For the case of downloadable products, we will make them available after your payment goes through our systems.

Depending on your place of residence, NationalON may collect taxes on orders, and you will be able to review them before placing your final order. Tax obligations are not optional, but if you deem that we are charging taxes based on erroneous geographical information of yours, please contact us to solve the matter. NationalON may not be able to sell certain items outside Australia, and therefore we may reject orders with different delivery addresses.

Returns and refunds

If you have a problem with your order, please contact us as soon as possible as indicated below. We offer a thirty (30) day guarantee for defective, mistaken and damaged products. As a general rule, there is no refund for downloadable, digital products. Please include a description of the items in question, including the reason for return, your name, address, account information, payment details, products along with images of the shipping package, the product and any defects or shipping damages. Since some of our products are provided by third parties, there may be some delays in processing your return and refunds, and we will contact the appropriate supplier in order to help your case.

Prohibited Activities

As our user, you agree to not undertake, motivate, or facilitate the use or access of the Site in order to:

Infringe these Terms, or allow, encourage or facilitate others to do so.
Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
Upload infringing, false, duplicated, altered or otherwise misleading purchase information.
Intercept or monitor activity via our Services without our express authorization.
Otherwise reverse engineer, decompile or extract the proprietary code of the Site.

You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and our Services, without refund or reimbursement on our part.

Terms and Conditions of Hire

In this document the following words shall have the following meanings (The Owner) means the company, firm or person hiring out the Equipment.

(The Site) means the premises or site specified by the Hirer where the Equipment is to be used. (The Hirer) means the company, firm or person who hires the Equipment from the Owner. (The Equipment) means [anything the Owner agrees to rent to the Hirer]

General

These Terms and Conditions shall apply to all contracts for the hire of the Equipment by the Owner to the Hirer to the exclusion of all other terms and conditions referred to, offered or relied on by the Hirer unless the Hirer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Owner in writing.

Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Owner.

By accepting the Equipment at the Site, the Hirer is agreeing to these Terms and Conditions unless otherwise agreed in writing.

All Equipment is hired on the basis of the payment being approved prior to hire.

Equipment may be hired for a minimum number of hours per day/week or without any qualification as to minimum hours. Additional days shall be charged pro rata.

Where the breakdown of the Equipment is caused by fair wear and tear or by a fault in the Equipment full allowance for the hire charges will be made to the Hirer. Breakdown time in respect of such periods shall be allowed for not more than 8 hours per day less the actual hours worked.

The Hirer shall be responsible for insuring the Equipment against loss, damage or theft. The Equipment shall be insured for the manufacturer’s current published list price.

Commencement

The period of hire shall commence from the time that the Equipment leaves the Owner’s premises or other agreed location and shall continue until returned to the Owner’s premises or other agreed location or termination of hire is confirmed in writing if the Owner is to collect.

Hirer’s Obligations

The Hirer must.

Use the Equipment in a skillful and proper manner and not use the Equipment for any purpose beyond its
Regularly check the condition of the Equipment during the period of hire. The Hirer shall be responsible for any damage or loss arising from the continued use of Equipment in an unsafe condition.
During the period of hire ensure the security and safekeeping of the
Allow the Owner access to inspect, repair or replace the Equipment upon reasonable notice at any
Immediately inform the Owner of any breakdown of the Equipment or any problem affecting the working of the
Not repair the Equipment without the prior written consent of the
Not to move, reassign, re-programmed, change settings or tamper with the equipment in any way without the prior written consent of the
Read any relevant operating and safety instructions supplied with the Equipment and only use the Equipment or fit any accessories in accordance with those
Unless otherwise agreed in writing by the Owner, keep the Equipment in its own possession at the
Return the Equipment in the same condition as when it was supplied to the Hirer, reasonable wear and tear excepted. Equipment not returned will be charged for at the manufacturer’s current published list price. Hire fees will continue to be charged up to the time the Equipment is paid for in
Not sell or offer for sale, assign, mortgage, pledge, re-hire or lend the Equipment to any third party.
Comply with any relevant Government or Local Authority
Service all power requirements (electricity costs).

Delivery and Return

Unless otherwise agreed in writing, the Hirer is responsible for loading, transporting and unloading the Equipment at the Site and on its return to the Owner and for all costs incurred in connection therewith, and any driver or operator supplied by the Owner shall be deemed to be under the Hirer’s control and shall comply with all directions of the Hirer.

Upon delivery of the Equipment, any defects or dissatisfaction must be notified immediately to the Owner and confirmed in writing within 2 working days. In the absence of such notification the Equipment shall be deemed to be in good order in accordance with the terms of the contract and to the Hirer’s satisfaction.

Breakdown and Repairs

Where the breakdown of the Equipment is caused by fair wear and tear or by a fault in the Equipment or where stoppage occurs in the course of carrying out normal repairs, full allowance for the hire charges will be made to the Hirer, any claims to be considered from the time and date of notification by the Hirer.

Where the breakdown of the Equipment is caused as a result of the negligence or misuse by the Hirer, the Hirer shall be responsible for all loss or damage incurred by the Owner arising from any breakdown and for the payment of the hire charges during the period the Equipment is inoperable due to such breakdown.

Where the Owner decides to carry out urgent repairs to the Equipment during the period of hire, the Owner shall be obliged to replace the Equipment with equipment of a similar type and the Owner shall be liable for all transport costs involved. Where no replacement equipment is available the Owner shall be entitled to terminate the hire immediately by notice in writing to the Hirer.

The Owner shall be liable for all transport costs where termination occurs within start of the period of hire and for the costs of loading and returning the Equipment.

Liability

The Owner shall not be liable to the Hirer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Hirer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

The Owner shall not be liable for any loss or damage arising from any cause beyond its reasonable control.

The liability of the Owner with respect to any claims arising out of the hire shall be limited to replacement of the Equipment with similar Equipment or at the Owner’s option termination of this contract and restitution of the amount of any charges paid with respect to any period for which the Equipment was inoperable.

Nothing in these Terms and Conditions shall exclude or limit the liability of the Owner for death or personal injury caused as a result of the Owner’s negligence, breach of contract or otherwise.

Indemnity

The Hirer agrees to indemnify and hold the Owner and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Owner by any person whatsoever for injury to person or property caused by or in connection with or arising out of the storage, transit, transport, unloading, loading or use of the Equipment during the period of hire.

Termination

Where there is no fixed period of hire, the period of hire may be terminated by either party giving to the other 7 days’ notice in writing and the Hirer’s obligations under this agreement shall continue until the Equipment is returned to the Owner.

If the Hirer defaults in the prompt payment of any sum due under this agreement or is in breach of any of the Terms and Conditions of this agreement, or is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors, the Owner shall be entitled to terminate the hire immediately by notice in writing to the Hirer and it shall thereupon be lawful for the Owner to retake possession of the Equipment.

It will be for that purpose to enter into or upon any premises where the same may be and the termination of the hire under this clause shall not affect the right of the Owner to recover from the Hirer any monies due to the Owner under this agreement or damages for breach thereof.

Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

Governing Law

These Terms and Conditions shall be governed by the Australian Courts

Parental Notice

NationalON does not provide its Services to persons under the age of eighteen (18). All of our users are prohibited from providing us with personally identifiable information of persons under the age of thirteen (13).

Ownership

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site are the property of –or otherwise are licensed to– NationalON or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in Australia and other jurisdictions throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in the Site or our Services, in whole or in part.

For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United States of America and other applicable jurisdictions.

You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Site and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.

Third party links and advertising

From time to time, our Site and Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites (or their products and services).

From time to time, we may place ads and promotions from third party sources in the Site. Accordingly, your participation or undertakings in promotions of third parties other than NationalON, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. NationalON is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Site.

User Privacy

By disclosing any information to us, you agree to the terms of our Policy, including the terms for the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.

No Warranty

To the fullest extent permissible under applicable law, the Services and the Site is provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. No oral or written advice provided by NationalON, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty. The entire risk of satisfactory quality and performance resides with you. NationalON, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.

Neither NationalON, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Site will be error-free, uninterrupted, secure, or produce any particular results. No advice or information given by NationalON or its employees, affiliates, contractors and/or agents shall create a guarantee. The Site has not been completely tested in all situations or devices, and that the Site may contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects.

Disclaimer of Damages

In no event shall NationalON, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, lost or corrupt data, re-procurement amount, anticipated savings, wasted expenditure, or other commercial or economic loss; or for any indirect, incidental, special, punitive, aggravated, exemplary, or consequential damages whatsoever arising out of or related to the Site, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not NationalON, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages. For purposes of this limitation of liability, NationalON’ affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.

Limitation of Liability

In no event, shall NationalON’, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed; (i) the actual price paid by you for the license and/or use of the Site or our Services in the twelve (12) months preceding the claim; or (ii) the amount of AUD$100.00 (One Hundred Australian Dollars); whichever results less; and henceforth any award for direct, provable damages shall not to exceed such total amount.

These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.

Indemnification

Indemnification by You. You shall indemnify, hold harmless, and defend NationalON, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “NationalON’ Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such NationalON’ Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by NationalON); and/or (ii) any third party claim arising out of or in relation to the Site or use thereof in combination with your business platform, including without limitation, any claim that the Site violates, infringes, or misappropriates any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.

Generals

Assignment. These terms will inure to the benefit of any successors of the parties.

Force Majeure. NationalON shall not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond NationalON’ reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.

No Waiver. Failure by NationalON to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship. You and NationalON are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect.

Payments. From time to time, we may use third-party payment processors in order to bill you for any fees and Services provided through the Site. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. NationalON is not responsible for any and all errors by the payment processors.

Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against NationalON shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and NationalON, you may not adjoin or consolidate any claim with more than one person’s; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.

Waiver of Jury Trial. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.

Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of Victoria, Australia, without regard to conflict of law principles.

Forum. You agree that any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction in or nearest to the City Traralgon, State of Victoria, Australia. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.

Contact

If you have any questions or queries about us, our Site, our Services or these Terms, please contact us as indicated in our contact page: www.nationalon.com.au/contact, and also:

0428 318 007

operations@nationalon.com.au

PO BOX 475, Traralgon, Victoria, Australia 3844

Date of last effective update is 30^th April, 2017.