WEBSITE TERMS

This website (Site) is operated by BYRD ELECTRICAL (ABN 68 200 963 204) (we, our or us). It is available at www.byrdelectrical.com.au and may be available through other addresses or channels.

Acceptance of these Terms of Use By accessing and/or using our Site or any online booking form to purchase goods and services, you (including each person, entity or organisation using our online booking form) (referred to collectively as you):

• confirm to us that you have reviewed these website terms of use, (Terms)
• confirm to us that you have the legal capacity accept these terms or those on our online booking form and
• agree to use the Site in accordance with these Terms

If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

These Terms supplement and incorporate our policies and terms and included within any additional Terms of Trade applicable to the goods and services you purchase from us.

Personal Information Collection Notice We collect personal information about you in order to enable you to access and use the online booking form, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

Our Privacy Policy contains further information about how we store and use your personal information, how you can access and seek correction of your personal information and how you can make a privacy -related enquiry.

By providing personal information to us via this Site, you consent to us collecting, holding, using, and disclosing your personal information in accordance with our Privacy Policy.

Using Online Booking Form You can browse our Site as an unregistered user of our Services. You may be required to register on the online booking form and create an account (Account) to access our Services.

You must provide basic information when registering for an Account including name, email address, and location. Any username you choose to use the online booking system must not be offensive or in other ways insulting or contain characteristics which belongs to a third-party, including names of famous persons, or personal names to which you do not own the rights.

Once you have registered an Account, your account information will be used to create a profile that you may then curate (Profile). Your Profile is personal, and you must not transfer it to others, except with our written permission.

You must provide accurate, current, and complete information during the registration process and you must update such information to keep it accurate, current, and complete.

You are responsible for keeping your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.

You will immediately notify us of any unauthorised use of your Account. At our sole discretion, we may refuse to allow any person to register or create an Account.

Payments Any online payments will be made through our nominated third-party payment processor.

We may set out several payment methods. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third-party payment processor; please review these terms and conditions before using your selected payment method.

Exclusion of competitors You are prohibited from using our online content, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Content The Content is not comprehensive and is for general information purposes only.  It does not consider your specific needs, objectives, or circumstances, and is not professional advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice.

In addition, we do not undertake to keep our Content up-to- date and we are not liable if any Content is inaccurate or out of-date.

Intellectual Property rights Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title, or interest in relation to our Site or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

• copy or use, in whole or in part, any Content.
• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any Content to any third party; or
• breach any intellectual property rights connected with Content, including (without limitation) by:
• alter or modify any of the Content.
• cause any of the Content to be framed or embedded in another website; or
• create derivative works from the Content. 

Warranties and Disclaimers To the maximum extent permitted by law, we make no representations or warranties about our Site or Content, including (without limitation) that:

• it is complete, accurate, reliable, up-to-date and suitable for any particular purpose
• you will have uninterrupted access
• it will be error-free or free from viruses; or
• our Site will be secure.

You read, use and act on our Site and our Content at your own risk.

Limitation of liability To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, however it arises, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or our Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date.

Indemnity To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligation under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Variation We may modify these Terms from time to time by posting the amended Terms on the Site. By continuing to use the Site after such modification you agree to the amended terms. 

Discontinuance of our Site We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person (including you) from using our Site, at any time at our discretion. We are not responsible for any loss, damage or Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Jurisdiction: These Terms are governed by and construed under the State of Victoria, Australia. If a dispute arises from these Terms, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

 End of Terms

PRIVACY POLICY

Version as at: 7 July 2022

This Privacy Policy tells you how we use your information. We collect your information through our website: www.byrdelectrical.com.au (Site) and may also collect it offline such as over the phone, at a job site or via other methods.  

In this Privacy Policy we, us or our means BYRD ELECTRICAL (ABN 68 200 963 204).

TYPES OF PERSONAL INFORMATION

The types of personal information we may collect about you include:

• your name, and complete contact details (including date of birth where needed)
• information about your access and use of our Site
• additional personal information that you provide to us
• any survey results and customer service and account information
• Chat bot application (if applicable)
• Instagram application
• Newsletters
• Sales, marketing, or in-person events
• any other personal information requested by us and/or provided by you or a third party such as Google or our third-party payment provider including credit and/or debit card details.

HOW WE COLLECT AND USE PERSONAL INFORMATION

We collect, hold, use and disclose personal information for one or more of the following purposes:

• to enable you to access and use our Site
• to contact and communicate with you
• for internal record keeping, administrative purposes, invoicing and billing purposes
• maintaining your account and processing payments
• for analytics, advertising, marketing market research and business development
• to complete bookings for your services
• as part of a sale (or proposed sale) of all or part of our business

DISCLOSING PERSONAL INFORMATION TO THIRD PARTIES

We may disclose personal information to:

• third party service providers for the purpose of enabling them to provide their services
• our employees and contractors and subcontractors 
• our existing or potential agents or business partners
• sponsors or promoters of any competition we run
• anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred
• credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you
• third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia
• third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia.

By providing us with personal information, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with the Privacy Act (Act) and the Australian Privacy principles (APPs). 

ACCESS TO AND CORRECTION OF PERSONAL INFORMATION

Consent: By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us or opting out using an unsubscribe option.

Access: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct such information.

Complaints: If you wish to make a complaint about how we have handled your personal information, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Overseas transfer

Your personal information may be transferred to an overseas jurisdiction with substantially similar data protection laws such as the United States of America, the United Kingdom or countries within the European Union (EU). These countries have data protection laws, which protect personal information in a way that is at least substantially similar to APPs and there will be mechanisms available to you to enforce protection of your personal information under that overseas law. 

We do not require the overseas recipients to comply with the APP and we will not be liable for a breach of the APP if your personal information is mishandled. 

GDPR

In some circumstances, the European Union General Data Protection (GDPR) provides additional protection to individuals located in Europe. Where this is the case, there may be additional rights and remedies available to you under the GDPR if your personal information is handled in a manner inconsistent with that law.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

COOKIES, WEB BEACONS AND GOOGLE ANALYTICS

We may use cookies and web beacons on our Site from time to time. These cookies allow the collection of online identifiers such as IP addresses, which, when combined with other unique identifiers and information received by the servers, may be used to create profiles constituting personally identifiable information.

Cookies allow third parties, such as Google and Facebook, to track your use of our Site as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.

Web beacons monitor your behaviour on our Site and collect data about your web page viewing. 

We may also use Google Analytics to collect and process data from time to time. 

THIRD PARTY WEBISTE LINKS

We do not have any control over Third-Party Websites and we are not responsible for the protection and privacy of any personal information that you provide whilst visiting them. Third-Party Websites are not governed by this Privacy Policy, even if you followed a link from our website to the Third-Party Website.

AMENDMENTS

We may, at any time and at our discretion, vary this Privacy Policy by updating it on our Site. 

QUESTIONS

Please contact us using our Contact Form located on this Site.

END