Terms & Conditions

In these Terms and Conditions, ‘we’, ‘us’ and ‘our’ refer to Maxion Pty Ltd ACN 123 847 861 trading as Glasshouse Home Safety (“Glasshouse Home Safety”/we). Your access to and use of all information on this website including engaging our Services is provided subject to the following terms and conditions.

Glasshouse Home Safety reserves the right to alter these Terms and Conditions at any time without the need to provide written notice to you.

Services

We warrant that our smoke alarm services are performed according to the Package order chosen and/or other specific written order requirements prescribed by our clients (“you/ your”) in compliance to all relevant licencing and legislative requirements and in accordance with the standards for the prescribed services at the time those services are rendered (“the Services”).

As part of the Services, we offer the following packages:

1. Private Home Package – non upgraded (refer to private home safety sheet for details and pricing);
2. Private Home Package – upgraded (refer to private home safety sheet for details and pricing);
3. Rentals Essential Package (refer to annual rental compliance sheet for details and pricing); and
4. Rentals Full Compliance Package (refer to annual rental compliance sheet for details and pricing).

(“the Packages”)

The Packages include up to two scheduled visits for lease renewals per year. Any unscheduled visits for lease breaks, 3 monthly leases or sounding alarms will be charged at an additional rate.

If a safety switch fails to test correctly, we are required by law to lock them out (off) or replace them on the spot to avoid life safety risks.

If, during the course of our servicing, we find that any existing smoke alarm is over ten years of age then as per the requirements of the regulations we will immediately change that device out at a set price.

We warrant that our technicians will always be suitably skilled and qualified to provide the Services.

Service Levels

We will attend to the properties which you have requested the Services for (“properties/property”) in a timely manner. A compliance certificate will be provided for the property within a timely manner following completion of the service.

We confirm that we will ensure that the correct amount of notice required by the relevant State regulatory bodies is provided to the resident of a property in the event of us entering an occupied property to carry out our Services.

For the protection of our technicians, we will not access a property when access to the property is inhibited due to:

• An advised or suspected Covid 19 exposure risk
• Atmospheric conditions, extreme temperature or rain, war, road closures, flood, fire, acts of God, technician car breakdown, a technician car accident, a locked gate or no driveway access, or access requiring a vehicle other than a standard vehicle
• A resident refusing us entry
• Any workplace health and safety reason including but not limited to:

• A dog (or other animals) at the premises
• The existence (or suspicion) of asbestos
• A menacing resident
• Suspected illegal activities inside the property
• Mould or any other condition that would make the property an unsafe workplace for our technician.

You acknowledge that the property may be a “workplace” for the purposes of the Work Health Safety Act 2011 (“WHSA”) and if the property is a workplace, then you agree to accept our recommendations for the Services to be performed and comply with your obligations under the WHSA.  

Safety Switch Testing

We carry out a Safety Switch Function Test when requested and in conjunction with particular Service Packages. Test procedures vary according to the package chosen.

Before a home visit, we will issue an entry notice to the resident that advises of our attendance and intention to test the safety switch, and as such, it is a resident’s responsibility to ensure devices are switched off or disconnected as the resident requires before our attendance.

All power linked to the safety switch will be switched off to the property for a short period of time to allow the Services to be completed. When we do this, our technician will ensure that all residents in the home of whose presence we are aware know of the impending outage.

Please note we do not:

• Accept any liability for any damage to any equipment located at or in the property that occurs as a result of the safety switch testing.
• Test the time it takes for the safety switch to trip circuits other than general purpose outlets; all others are mechanically tested.
• Accept any liability if the safety switch does not function adequately, in terms of not turning off or not turning the power back on following the Safety Switch Test.
• If a device fails to test, or fails to reset after the test, then we are able to supply pricing to replace the particular failed unit. We are obliged by law to then lock off the faulty safety device or replace immediately at advised rate.
• Accept any liability for the non-performance of any installed product if you choose a Package for your property that is not the Package recommended by us.
• Accept any liability if you select a Service Package that does not include time testing of Safety Switches and issues later arise in relation to the Safety Switch. 

Extra high ceilings

Under normal circumstance, our technicians can attend to alarms to the maximum height of 3 metres.

If an alarm is at the height of more than 3 metres and requires cleaning replacement or installation, two technicians must attend. An additional charge may apply.

Further Services – Blind Cord Safety Compliance

We also offer a Blind Cord Compliance Service which is included in the Rentals Full Compliance Package.

This Service complies with Competition and Consumer Corded Internal Window Coverings Safety Standard 2014 and Consumer Product Safety Standard (Corded Internal Window Coverings) Regulations 2010.

If, during our test and inspect process, we identify areas of non-compliance in regard to blind cords, we shall submit on request appropriate pricing for our technicians to install the mechanisms to ensure compliance. These may be but are not limited to warning tags, cleats, tensioners and cord guides.

This service will ensure compliance only if the resident uses the blinds and fittings in the intended and appropriate manner.

We do not replace the blinds.

Hardware

We confirm that all the smoke alarms that we fit:

• Comply with Australian Standard AS3786-2014 for smoke alarms and AS1603.3 in the case of Heat alarms
• Show the model number and the recommended date of replacement
• Are registered with the ActiveFire Scheme administered by the Commonwealth Scientific and Industrial Research Organisation.

By default, we would always lock a property when leaving. If you instruct us to leave properties as we found them, locked or not, then we accept no liability for any loss or damage to property after we have left.

In the instance that certain building construction types create extra requirements we will offer alternative written solutions and costs. For instance, a building that has construction materials that inhibit wireless device connectivity and have slab ceilings.

We reserve the right at your cost to replace faulty, expired, missing or damaged smoke alarms with an alternative brand to that of the smoke alarm when initially installed; and we will not cover the cost to rectify any existing electrical cabling issues, which cause alarms to become inoperable, ineffective or non-compliant with the wiring rules.

Payment and invoicing

By selecting Services, you agree to and accept that such Services will be supplied on these terms and conditions which will be binding on you.

Unless otherwise required or agreed (as set out below) all invoices are to be paid within 30 days of invoice date.

We reserve the right to change the cost for the Services at any time and will notify you in writing of such change. In particular we reserve the right to change the cost of Services in the event of a variation to the Services required.

At our sole discretion:

1. A non-refundable deposit may be required;
2. Payment may be required on completion of the Services; or
3. Payment for approved clients may be made by instalments. 
4. Once a job is booked with you, and a date set, you are deemed to have accepted our terms and conditions and are advised that a cancellation fee of $129 shall be applied should you cancel the service or upgrade without giving at least 72 hours notice.

Payment will be made in cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to by us.

GST and other taxes and duties that may be applicable shall be added to the invoice except when they are expressly included in the amount charged or quoted.

Security and Charge

To better secure payment for our Services when required:

• Where you are the owner of land, realty, or any other asset capable of being charged, you agree to mortgage and/or charge all of your interest in the said land, realty or any other asset to us to secure all amounts and other monetary obligations payable under these terms and conditions. You acknowledge and agree that we 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 we elect to proceed in any manner in accordance with this clause and/or its sub-clauses, you shall indemnify us from and against all our costs and disbursements including legal costs on a solicitor and own client basis.

• You agree to irrevocably nominate, constitute, and appoint us nominee as your true and lawful attorney to perform all necessary acts to give effect to the provisions of this Clause.

Annual Service Fees

All Annual Service renewal invoices will be made available on the renewal date. Payment as per our standard terms above. Please note these often do not occur on the same timeframe as the service visit for rentals and may result in us billing at a time other than when we are servicing.

Service Upgrade

You may upgrade your plan at the anniversary of the Package or at any point throughout the year by notice in writing to us.

If the upgrade is during the year, payment of the new chosen Package is paid minus the value current Package.

Termination

Both parties have the right to terminate the Package at any time if there is unacceptable non-conformance or disregard for the scope of work, giving 60 days’ written notice of such termination to the other party.

An Annual Service Fee will not, under any circumstance, be refunded whether in full or in part in the event of a cancellation of the Service, property transfer, damage and/or destruction to the property.

Warranties

We warrant that all smoke alarms fitted carry their own manufacturer’s warranty for replacement and does not necessarily cover our labour charge, particularly if an alarm is chosen that is not our recommended brand.

If our products or Services do not meet the required standard, in addition to any rights under the Australian Consumer Law, we may provide a refund of the service fee or replacement of the smoke alarm product.

Liability and Indemnities

Limitation of Liability

Nothing in these terms and conditions will exclude, restrict, or modify any rights or remedies which you may have under the Competition and Consumer Act 2010 (Cth) or other legislation which under such laws cannot be excluded, restricted or modified by agreement.

To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to our site or any content on it, whether express or implied.

Subject to the above provisions we shall be under no liability whatsoever to you for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by you arising out of a breach by us of these terms and conditions (alternatively our liability shall be limited to damages which under no circumstances shall exceed the cost of the provision of the Services).

We are not liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, relating to:

• Our website
• Use of or reliance on any content displayed on our site.
• Our social media pages

Please note that we are not liable for:

• Loss of profits, sales, business, or revenue.
• Business interruption.
• Loss of anticipated savings.
• Loss of business opportunity, goodwill or reputation.
• Any indirect or consequential loss or damage.

If we remove or relocate an existing smoke alarm which is faulty, in a non-compliant position or not functional for that area, we will leave the cabling in a safe condition with a cover plate installed if possible. However, this may require follow-up attention by the agent or owner. We are not responsible for patch and paint if any holes remain.

We will not accept liability for damage caused with respect to disconnecting smoke alarms. For example, if we are asked to force entry into a property on the instruction of the landlord, agent, or emergency services, we will not be liable to pay any costs or damages.

No other warranty or representation, either expressed or implied, is included or intended in Glass House Home Safety website, proposals, contracts or reports.

WHSA

Landlords and managers of properties we attend may be carrying on business (“PCBU”) for the purposes of the Work Health and Safety Act 2011 (QLD) (“WHSA”).  If they are carrying on a PCBU then those entities we contract with to carry out work under these Terms and Conditions remain liable under the WHSA and must do everything possible to protect any worker (including our personnel and contractors) from any risk to their health and safety that is reasonably practicable.

Liability and Indemnity by Property Managers

As a Property Manager to a property we service, you will at all times indemnify, and keep us, indemnified from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you arising from any claim or action by any person against you or where such loss or liability arose out of, in respect of our services, your conduct or a breach of these terms and conditions, including but not limited to failure to engage us within a reasonable time to complete the Services in accordance with the requirement of the Residential Tenancies Authority, and a failure to pay renewal fees in respect of the properties. 

Property Owners

Our liability to the owner of a property is limited to the lesser of insurance proceeds paid in respect of any loss suffered by the owner of a property, or the limit of our insurance.

Privacy

(a) Privacy Policy

Our privacy policy, a copy of which may be accessed on our website, https://www.ghhomesafety.com.au explains how we collect and manage personal information (which includes your personal information and the personal information of owners and residents of properties) in accordance with the Australian Privacy Principles and the Privacy Act 1988 (Cth).

(b) Marketing

By consenting to these Terms and Conditions, you are allowing us to collect your personal information with respect to our services and consent to us using and disclosing your personal information for its intended purpose, and for related or ancillary purposes. We use this in the following ways:

• To provide information relating to products and services that you request from us;
• To provide you with information about other goods and services that are like those that you have already purchased or considered;
• Providing you with information on goods or services that we feel may interest you, from our related entities. If you are an existing customer, we will only e-mail or SMS you about goods and services like those you have with us or have discussed in the past.

If you do not want us to use your data in this way, please notify us in writing or select unsubscribe on the relevant material.

For further information, please refer to the Glasshouse Home Safety privacy policy located on our website (see above).

Intellectual property

You, by virtue of purchasing our Services, are granted ownership or access to or ownership in our intellectual property.

We confirm that the trademarks, logos and service marks shown on our website, our application and any other documents that belong to or are produced by us are, unless otherwise specified, our intellectual property. No rights are granted to use our intellectual property without our prior written consent.

Force majeure

We will not be liable for any delay or failure to perform our obligations if such delay is due to any cause beyond our reasonable control. If a delay or failure to perform our obligations is due to a cause beyond our reasonable control, you will be notified within a reasonable timeframe, and in any case as soon as is possible, and provision for alternative priority scheduling will be made.

Provision of Incorrect information

By consenting to and accepting these Terms and Conditions, you acknowledge the following:

• Any errors relating to dates, resident details and addresses provided by you may delay the completion of the provision of Services.
• It is not our responsibility to ensure that the information you provide is correct and we will not be liable for any damages arising from a delay or any incident because of the incorrect information you may have supplied.
• we will not be liable if the property has improvements which were built or substantially renovated after July 1997 and you have not advised us.

Dispute resolution

If a dispute arises about the Services which cannot be settled by the parties within 14 days of the dispute arising, the parties must endeavour to settle the dispute by mediation held in Brisbane (or in such other place as may be agreed by the parties in writing) before having the recourse to litigation.

The parties must use their best endeavours to agree on a mediator but failing agreement either party may request the President of the Queensland Law Society to appoint a mediator, and the mediator will be appointed on the terms specified by that organisation. The parties will bear equally the costs of any mediator appointed.

General

(a) 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.

1. 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.  
2. You shall not be entitled to set off against, or deduct from any invoice, any sums owed or claimed to be owed to you by us nor to withhold payment of any invoice because part of that invoice is in dispute.
3. We may licence or sub-contract all or any part of its rights and obligations without your consent.
4. You agree that we 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 we notify you of such change.
5. You warrant that you have the power to enter into the agreement created on your acceptance of these terms and conditions and you have obtained all necessary authorisations to allow you to do so and you are not insolvent, and that this agreement creates binding and valid legal obligations on you. 
6. The failure by us to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, such provision will be severed and the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
7. If you provide instructions to us in any form (verbal or written) to complete the Service, you are deemed to have accepted these Terms and Conditions and the Package particulars.