Terms and Conditions of Purchase
By accessing or using this website, you agree to these Terms of Use as set out below. We may change the Terms of Use at our discretion and without notice.
1. Returns Policy
2. Cancellation Policy
3. Alarm Dispatch Procedures - ADT will take the following actions
High Priority - Hold Up
Advise Police (Appropriate dual activation device must be installed – Commercial premises only)
High Priority Duress / Panic
Notify site; if no response; notify contacts; if no answer; advise Police. Police may vary their response depending on the premises and type of Duress. Additional charges may be incurred from Police service for their response. Note: State Police Policy may mean that Police do not respond to unverified events and are not to be called.
High Priority - Fire / Smoke / Medical
Notify site; if no response; notify contacts; if no response; advise emergency services. Additional charges may be incurred from Ambulance/Fire services for their response. ADT may pass these charges onto the customer.
Asset Threatening - Intruder Alarms
Notify contacts; if no response; dispatch patrol. Unless not authorised. Additional charges may be incurred for Patrol response.
*Subsistence Alarms - Low battery / System / Trouble / Tampers
Notify the nominated mobile(s) or email.
*Low Priority - Power fail / Timer Test Not Received
Events Notify the nominated mobile(s) or email. Timer Test Not Received events are generated when the alarm system does not send its regular test signal to ADT’s Monitoring Centre.
*Low Priority - Late to Close/ Schedule Violations
Notify the nominated mobile(s) or email. Note: For customers receiving Supervised Monitoring services. A schedule of hours must be attached.
For those customers whose services are Light Monitoring Services and/or Video Only Services, ADT will not be providing Alarm Monitoring Services for these customers, nor will signals be received by ADT or ADT’s Security Response Centre. Only those contacts configured by the customer to receive a push notification via the ADT Mobile App will receive a notification that a signal has been generated by the Customer equipment *
For those customers whose service is Life Monitoring Services, ADT will only provide High Priority Alarm Monitoring Services for these customers. Only those contacts configured by the customer to receive a push notification via the ADT Mobile App will receive a notification that a signal has been generated by the Customer equipment. Yes ✓ No * I do not authorize ADT Security to dispatch patrol if contacts are not available. Additional charges may apply
4. Terms and Conditions
These are the Terms and Conditions on which the Services will be provided to the Customer by ADT
1. PARTIES
1.1 Who are the parties to this Agreement?
(a) This Agreement is between the Customer and ADT.
(b) The Customer acknowledges that ADT may transfer all its rights and obligations under this Agreement to a third party without the Customer’s consent.
(c) This Agreement is subject to and conditional upon ADT in its sole discretion determining that the Customer satisfies ADT’s risk profile. If ADT is not so satisfied, it will notify the Customer of its determination in writing in which event this Agreement will be of no force or effect and neither ADT nor the Customer will have any liability to the other. ADT’s determination is final and is not subject to review. ADT is not obliged to provide to the Customer details of its risk profile, the reasons for, or the methodology of its determination
2. EXERCISE OF RIGHTS AND PERFORMANCE OF OBLIGATIONS
Unless this Agreement provides that a party may give or withhold its approval or consent or exercise any discretion in its absolute discretion, the party having the right to give or withhold its approval or consent or exercise any discretion must do so in a fair and reasonable manner.
3. TERM
3.1 What is the term of this Agreement?
(a) This Agreement will continue automatically until such time as either the Customer or ADT terminates this Agreement in accordance with its terms.
3.2 Does the Customer have a “cooling off” period?
(a) If section 2 specifies that the Customer has a Cooling Off Period, the Customer can cancel this Agreement:
(b) during the Cooling Off Period by giving ADT the completed Cancellation Notice or an equivalent notice.
(c) for a period of 3 months starting at the start of the first day after the day on which this
Agreement was made if ADT or its representative:
i. Attended your home or called outside the permitted hours for negotiating an unsolicited consumer agreement (non-permitted hours are on Sundays or public holidays before 9 am or after 6 pm on weekdays or before 9 am or after 5 pm on Saturdays);
ii. Failed to disclose the purpose of the call and the representative’s identity;
iii. Refused to cease negotiating on request.
(d) for a period of 6 months starting at the start of the first day after the day on which this Agreement was made if ADT or its representative:
i. Failed to inform the Customer of these termination rights;
ii. Commenced supply before expiration of the Cooling Off Period; or
iii. Did not provide the Customer with a copy of this Agreement in the required form.
3.3 How can the Agreement end?
(a) Without limiting any of the Customer’s legal rights, the Customer may terminate this Agreement:
i. during any Cooling Off Period in accordance with clause 3.2; or
ii. by giving ADT at least 30 days prior written notice of its intention to terminate.
(b) At any time throughout the Term, ADT can terminate this Agreement:
i. if the Customer breaches any term of this Agreement and fails to remedy that breach within 14 days of receiving written notice from ADT to do so; or
ii. immediately if the Customer, in ADT’s reasonable opinion, is bankrupt or insolvent, including the Customer going into liquidation or provisional liquidation, receivership, or administration.
(c) Without limitation, the Customer will be in breach of this Agreement if the Customer:
i. does not pay any amount owing within 14 days of the date on which the amount becomes payable;
ii. damages or misuses the Equipment leading to the inability of ADT to perform the Service;
iii. fails to nominate Contacts to be contacted by ADT in the case of a Signal;
iv. causes unauthorized work or service to the Equipment or permits unauthorized opening of the control panel, detectors, or detection equipment; or
v. does not maintain a Data Transmission service in order to facilitate the transmission of signals from and to the Equipment and the SRC.
4. OBLIGATIONS
4.1 What are the Customer’s obligations?
(d) The Customer agrees throughout the Term to:
(e) pay the Fees to ADT for the Services in accordance with this Agreement; f. immediately contact the SRC:
i. when any of the Customer’s or the Contact’s information in this Agreement changes;
ii. prior to transferring or selling the Site to another party;
iii. prior to changing their Carrier;
iv. prior to changing their bank or financial institution where that affects the Customer’s elected payment manner;
(g) when the Customer’s Carrier restricts the provision of the Data Transmission services;
(h) obtain the landlord’s approval before the Equipment is installed (if the Customer is a tenant at the Site);
(i) provide a 240-volt power point for the connection of the essential power supply for the Equipment;
(j) provide to ADT or its authorized contractor safe access to the Site to enable installation, service, and maintenance of the Equipment;
(k) ensure that the Equipment is not removed from the Site or repaired, modified, altered, adjusted, or interfered with by an unauthorized party;
(l) keep the Equipment in good order and repair and properly serviced;
(m) immediately report to the SRC all faulty or damaged Equipment so that repairs can be carried out;
(n) take all necessary steps to prevent False Alarms;
(o) Decommission the Equipment on termination of this Agreement;
(p) pay all costs imposed by Emergency Services for attending the Site;
(q) for Light Monitoring Services, Life Monitoring Services, and Video Online Services ensure that the ADT Mobile App is configured with:
(r) the contact details of those persons to receive push notifications;
(s) any relevant configuration of the ADT Mobile App; and
(t) for Video Only Services:
(u) ensure that the video Equipment is installed in accordance with ADT and manufacturer’s instructions and the Customer agrees to assume full responsibility for the installation, placement, location, direction, and presence of the Video Equipment;
(v) and download and configure the ADT Mobile App
4.2 What are ADT’s obligations?
ADT agrees to:
(a) connect and commission the Equipment in accordance with clause 6.1;
(b) train the Customer in the use of the Equipment and give advice on how to prevent False Alarms;
(c) provide the Services in accordance with this Agreement and all relevant mandatory regulatory requirements;
(d) operate the SRC, 24 hours a day, 7 days a week (subject to events beyond ADT’s control or maintenance) to monitor Signals and, following the receipt of Signals at the Site, initiate alarm action as set out in the Alarm Dispatch Procedures; and
(e) maintain a log of Signals received at the SRC. The parties agree that the log will be conclusive evidence of the Signals received by the SRC and the action taken by ADT in response to those Signals. for Video Only Services, deliver the Video Equipment to the address nominated by the Customer in writing.
5. FEES FOR THE EQUIPMENT AND SERVICES
5.1 What does the Customer pay for the supply and installation of the Equipment? The Customer must pay the Equipment Fee upon completion by ADT of the installation of the Equipment or at point of sale if equipment is being shipped to the customer for self-installation.
5.2 What does the Customer pay for the Services? The Customer must pay ADT for the Services as follows without any set off or deduction:
(a) the Standard Service Fees from the Effective Date except that for Video Only Services, the Customer must pay all fees associated with this service, including the Video Equipment Fee, from the date ADT receives confirmation that the Video Equipment has been delivered to the Customer irrespective of whether the Customer has downloaded and configured the ADT Mobile App;
(b) the Optional Service Fees (if purchased by the Customer) from the Effective Date; and,
(c) any other Fees payable pursuant to clause 5.4 and 6.7.
Goods and services tax and other taxes that may be payable on any category of Fees must be paid at the same time as the Fees to which the tax relates.
5.3 How and when does the Customer pay for the Service?
The Customer must pay the Fees in 1 of 3 ways:
(a) Credit Card: The Customer must complete the credit card details in the Customer Billing Information. The Customer’s credit card is debited monthly in advance.
(b) Direct Debit: The Customer must complete the Direct Debit details in the Customer Billing Information. The Customer’s nominated financial account is debited monthly in advance in accordance with the Direct Debit Request Service Agreement.
(c) Invoice: If the Customer has elected to pay by invoice, the Customer must pay quarterly in advance and shall pay an additional administration fee of $6.60 per quarter. The Customer will pay each invoice by the due date and in the manner shown on the invoice.
The Customer must elect one of the above payment methods in the Customer Billing Information.
5.4 Are there additional Fees?
The Customer will incur and must pay ADT the following additional Fees:
(a) Call-out Fees: The Fees will be charged based on travel time and the time of day or night and at ADT’s standard rates as of the date of the call out;
(b) Alarm Response Fees: If the Customer does not purchase the Alarm Response Option and requires an Alarm Response, the Customer is required to pay all charges for the Alarm Response at ADT’s standard rates as of the date of the Alarm Response;
(c) Additional Alarm Response Fees: If the Customer purchases the Alarm Response Option, the Customer is required to pay for all Alarm Responses in excess of the 2 Alarm Responses provided per annum (as part of the Alarm Response Option) at ADT’s standard rates as of the date of the Alarm Response
(d) Fees associated with visits to the Site which are additional to those in the Customer’s selected options: the Fees will be charged based on travel time and the time of day or night at ADT’s standard rates as of the date of the visit;
(e) Fees for any additional services purchased by the Customer during the Term;
(f) Any fees associated with costs imposed on ADT by Emergency Services for attending the Site;
(g) Any Fees for Decommissioning as stated in section 5 or Return of the Equipment if this Agreement terminates for any reason; and
Any fees associated with reprogramming the Equipment if the Customer changes its Carrier
5.5 When are the additional Fees payable by the Customer?
The Fees referred to in clause 5.4 will be payable by the Customer in the next billing cycle following that in which the Services were provided in the manner elected by the Customer in the Customer Billing Information.
5.6 What if the Customer disagrees with a fee?
If the Customer considers there is a mistake in the calculation of any Fee, it must notify ADT as soon as possible after receiving notification of the Fee. ADT will promptly investigate the matter and report back to the Customer. Any amount the subject of a genuine dispute does not need to be paid until ADT determines that it is payable under the terms of this Agreement.
5.7 Is interest payable on outstanding Fees?
ADT reserves the right to charge interest on any part of Fees not paid by the Customer by the due date. Interest, calculated daily, at a rate 2.5% above prime lending rate applied by ADT’s principal bank published at the beginning of the month of that date, will be charged from the due date until payment.
5.8 Are the Fees fixed throughout the Term?
(a) The Fees are fixed for the first 12 months of the Agreement from its effective date.
(b) After the first 12 month period all Fees are subject to change at ADT’s discretion. ADT will provide the Customer with 1 month’s written notice of any change to the Fees.
(c) If at any time, the government or the Customer’s Carrier or any other party imposes additional or increases existing taxes, charges and/or Fees then the Customer will be responsible for paying those increased costs as part of the Fees.
(d) If the Customer does not agree to an increase in Fees notified pursuant to clause 5.8(b) the Customer may, within 30 days of having been notified of the increase, terminate the Agreement by giving ADT 30 days prior written notice.
(e) Where ADT seeks to increase the Fees by more than 5% per annum and the Customer elects to terminate under clause 5.8(d), no Exit Fee or Decommissioning Fee will be payable by the Customer
6. THE EQUIPMENT AND THE SERVICES
6.1 Commissioning of the Equipment
(a) ADT will install, test and commission the Equipment at the Site in accordance with mandatory regulatory requirements and the manufacturer’s instructions.
(b) The Customer will be responsible for:
i. any structural alterations to the Site;
ii. any necessary repairs or upgrades to the Pre-existing Equipment;
iii. the provision of 240-volt alternating current power point to enable the iv. Equipment to operate; and the provision of any additional data transmission devices required.
(c) ADT will complete and deliver the Commissioning Certificate after the Equipment has been installed, tested and commissioned to ADT’s satisfaction.
6.2 Who owns the Equipment?
(a) The Customer has risk in the Equipment upon installation by ADT and title in the Equipment upon payment to ADT for the Equipment in full
6.3 What do the Services include?
The Services comprise the standard services and any optional services selected by the Customer as set out in section 5.
6.4 When do the Services commence?
Except for Video Only services, once ADT issues the Commissioning Certificate to the Customer and any applicable Cooling Off Period has expired, an ADT representative will contact the customer to verify the information in ADT’s monitoring database or the ADT Mobile App to confirm that the Customer is ready to receive the Services. On conclusion of this contact, ADT will activate the Services and the billing cycle will commence. ADT will commence providing the Services from the Effective Date. For Video Only Services, the billing cycle will commence on the date ADT receives confirmation that the Video Equipment has been delivered to the Customer.
6.5 What happens if the Customer moves from the Site?
(a) The Customer will breach this Agreement if it vacates the Site without the prior notification of ADT and clause 3.3(b) will apply. The Customer may transfer its rights and obligations under this Agreement to a new occupier of the Site with the prior consent of ADT, which may be given or withheld in ADT’s sole discretion. If ADT does not consent to the Customer’s assignment, the Customer will be liable to pay any applicable Exit Fee within 30 days of ADT notifying the Customer of its decision.
6.6 What happens if the Customer wishes to relocate to another site and continue using the Service?
If the Customer wishes to relocate to a new site and continue using the Services. For Video :
(a) ADT will remove the Equipment from the original Site and will re-install and recommission it in the new Site nominated by the Customer;
(b) the Customer must pay ADT the cost of removing, re-installing and recommissioning the Equipment in accordance with ADT’s then standard rates as at the transfer date;
(c) this Agreement will remain in force with the exception of necessary amendments (including in respect of Fees) to take into account the requirements of the new site; and
(d) ADT will not be liable for the cost of any make good to the original Site occasioned by the removal of the Equipment.
7. LIABILITY OF ADT
7.1 Limitation on Liability
(a) Subject to clause 7.1(b) and notwithstanding any other provision to the contrary, ADT ’s total aggregate liability for breach of this Agreement or any injury, loss, damage or expense arising out of or in connection with this Agreement or ADT’s performance of its obligations hereunder or otherwise, whether that liability arises under contract, any indemnity, tort (including negligence), by statute or otherwise shall not exceed the total dollar amount of the Fees paid by the Customer in the first 12 months of the Agreement. This clause does not affect any rights or remedies under the Australian Consumer Law which cannot be excluded, restricted or modified.
(b) Where the goods and/or services supplied by ADT are not of a kind ordinarily acquired for personal, domestic or household use or consumption, ADT limits its liability, and that of its Related Bodies Corporate (including liability for negligence) at ADT’s option to:
1. in the case of the supply of goods:
i. the replacement of goods or supply of equivalent goods;
ii. the repair of the goods;
iii. the payment of the cost of replacing the goods or acquiring equivalent goods; or
iv. the payment of the cost of having the goods repaired or the repair of the goods, and
2. in the case of services:
i. the supply of the services again; or
(c) the payment of the cost of having the services performed again. ADT may use one or more subcontractors, suppliers, vendors or licensors to provide all or any part of the Services, installation, repair, monitoring, communications, signal transmission services (including cellular transmission, Internet and VoIP services) or other services. To the extent permitted by law, the limitations of liability set forth in this Agreement shall apply to the work, products or services that ADT’s subcontractors, vendors, suppliers and licensors provide, and shall apply to them and protect such subcontractors, vendors, suppliers and licensors in the same manner as it protects ADT.
7.2 Consequential Loss
Notwithstanding any other provision to the contrary, so far as the law permits, ADT shall not be liable under this Agreement in contract, under any indemnity, tort (including negligence), by statute or otherwise for loss or damage (whether direct or indirect) of profits, revenues, use, production, contracts, corruption or destruction of data or for any indirect, special or consequential loss or damage whatsoever.
8. ALARM ACTIONS
8.1 What happens when ADT receives a Signal?
(a) If ADT receives a Signal, ADT will, determine the type of Signal and prioritise the response except where a valid disarm code has been received.
(b) ADT will follow the Alarm Dispatch Procedures set out in section 4a.
(c) Where Emergency Services are required to attend the Site under the Alarm Dispatch take all necessary steps to prevent False Alarms;
(d) ADT gives no representations or warranties whatsoever in relation to Emergency Services' attendance at the Site.
(e) The dispatch of an Alarm Response to the Site by ADT under the Alarm Dispatch Procedures is subject to the availability of a patrol officer.
(f) When a patrol officer attends the Site it will, where possible, conduct an external check of the Site. Where required, ADT will use all reasonable efforts to contact the Customer as soon as possible to advise the Customer of the status of the Site and receive any instructions that the Customer may provide.
(g) The Alarm Response for the Customer will be allocated according to the order in which Signals are received at the SRC and are subject to a patrol officer being available. Alarm Responses may be delayed by exceptional circumstances beyond the control of ADT, and include traffic accidents, riots, floods, road closures due to traffic work, extraordinary weather conditions that affect response times (for example, storms or extreme winds), and abnormal communication breakdowns.
9. CUSTOMER ACKNOWLEDGMENTS
9.1 Are there any other matters the Customer should be aware of?
The Customer acknowledges that:
(a) ADT gives no guarantee against criminal intrusion or fire;
(b) The provision of the Services is an aid to security risk management as a line of defence against criminal intrusion and emergency situations;
(c) This Agreement is not intended as a policy of insurance nor as a substitute for an insurance policy, and nothing in this Agreement shall constitute ADT as an insurer;
(d) ADT may engage subcontractors to provide the Services;
(e) ADT may record telephone conversations with the Customer, or any Contact nominated by the Customer, and the SRC. The Customer consents to the disclosure by ADT of those recordings to any Emergency Service or other law enforcement body or any other Government investigatory body and the use by ADT of those records in legal proceedings;
(f) If the Equipment is not Decommissioned on termination of this Agreement, any use of Data Transmission services by the Equipment for communications will be to the account of the Customer;
(g) ADT did not supply or install the Pre-existing Equipment;
(h) ADT makes no representations in relation to the Pre-existing Equipment whatsoever;
(i) The Intruder Alarm System has been configured to allow authorised remote access for maintenance and operational purposes.
9.2 What are the Customer’s privacy rights?
(a) The Customer acknowledges and agrees that ADT or any third party who takes or intends to take an assignment of this Agreement (collectively referred to as the “Collector”) may collect personal information about the Customer including from the Customer’s Equipment once installed over the Term.
(b) The Customer acknowledges without limitation that the Collector may:
a. use the Customer’s personal information:
i. to assess any application by the Customer for the Services and the Customer’s
ii. credit worthiness;
iii. to collect Fees that are overdue under this Agreement;
i. to provide the Services to the Customer (including administration and the investigation or resolution of disputes relating to any Services provided to the Customer);
ii. to provide information to the Customer about other goods and services which the Collector or its Related Bodies Corporate or any of its partners and associates may offer to the Customer;
iii. to send the Customer publications of the Collector; and
iv. as otherwise required by law
b. disclose the Customer’s personal information to:
i. other service providers such as subcontractors engaged by the Collector to assist the Collector in providing the Services to the Customer;
ii. the Collector’s Related Bodies Corporate so that they can provide information to the Customer about goods and services they offer; and
iii. governmental bodies such as the police, fire brigades and other providers of emergency services.
c. The Collector is part of the Johnson Controls group of companies which operates in a large number of countries. The Customer agrees and acknowledges that disclosure and use of personal information, including to other service providers, the Collector’s Related Bodies Corporate, affiliates and governmental bodies may be made both inside and outside of Australia.
d. The Customer has a right to access to most personal information the Collector holds about the Customer, and a Fee may apply for access. If the Collector denies access in some circumstances, the Collector will tell the Customer why.
10. SERVICES
10.1 Express Warranty
(a) Subject to any rights under the Consumer Law that cannot be excluded, if the Equipment becomes defective during the period of 12 months from the Effective Date, ADT will replace or repair the Equipment during Normal Working Hours at no cost to the Customer. For the avoidance of any doubt this does not apply to the Pre-Existing Equipment and excludes the replacement of Consumables.
(b) Unless the Customer has selected the optional services, the Express Warranty excludes:
i. loss or theft of the Equipment;
ii. damage to the Equipment caused by the Customer, pests or animals;
iii. damage to the Equipment caused by a person who is not authorised by ADT to carry out service or maintenance work;
iv. damage to the Equipment caused by power surges, faulty fuses, lightning, flood, fire, or other acts of God.
(c) Where the Customer requests attendance at the Site to perform the Express Warranty outside of Normal Working Hours, a fee may be charged by ADT based on its then standard rates (unless such attendance was reasonably required outside of Normal Working Hours).
(d) Any warranty claim must detail the basis of the alleged warranty breach in writing and be delivered to ADT by email to adtcomplaints.au@tycoint.com, attention to the Customer Relations Manager.
(e) ADT’s goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. To the extent that any Goods or Services supplied by ADT are supplies to a ‘consumer ’ as defined in the Australian Consumer Law, ADT will comply with any applicable consumer guarantees and the following statement will apply: “Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service
10.2 Alarm Response Option
(a) The Alarm Response Option entitles the Customer to 3 Alarm Responses to the Site in every 12 month period (commencing on the Effective Date and each anniversary of it) at no charge to the Customer.
(b) If in any 12 month period the Customer does not use the 3 Alarm Responses, unused Alarm Responses do not accrue to subsequent 12 month periods and no refunds will be payable for unused Alarm Responses.
(c) All Alarm Responses in excess of 3 in every 12 month period will be at the Customer’s expense and will be charged at ADT’s standard rates as at the date of the Alarm Response.
(d) Clause 8.1(g) also applies to the Alarm Response Option.
10.3 ADT Monitoring Option
(a) ADT will provide the Alarm Monitoring Services via the Customer’s selection of 4G or other Wireless Mobile telecommunications Technology (collectively, “Wireless Mobile Technology) in section 5 of the Schedule.
(b) The Customer acknowledges that the provision of the Alarm Monitoring Services via Wireless Mobile Technology may be interrupted and may not be error free.
(c) ADT shall not be liable for any loss or damage sustained or incurred by the Customer in the course of ADT providing the Alarm Monitoring Services via Wireless Mobile Technology, including without limitation any loss or damage suffered or incurred as a result of or in relation to the failure to receive or transmit any data or the receipt or i transmission of in correct data, including relating to or resulting from, whether directly or indirectly, any defect, error or malfunction in the Telecommunication Network.
(d) If in section 5 of the Schedule the Customer selects Wireless Mobile Technology, then the Customer agrees to use the SIM Card provided by ADT.
(e) The Customer acknowledges nothing in this Agreement shall confer upon the Customer any right of property or interest in or title to the SIM Card provided to the Customer by Decommissioned for any reason.
10.4 Visual Verification
(a) If the Visual Verification Option is selected by the Customer in section 5 of the Schedule, then ADT will provide Visual Verification sent from the Site.
(b) The Customer must provide and will be solely responsible for a connection that is always on and of sufficient bandwidth to enable the immediate transmission of CCTV footage from the Site to ADT in the event of a Signal. The Customer acknowledges that ADT is not responsible for any failure to provide Visual Verification, nor will it be in breach of this Agreement where such failure arises as a result of the CCTV footage not being immediately transmitted to ADT in the event of a Signal.
(c) The Customer will be solely responsible for complying with any legislative or regulatory requirements, such as signage within the Site and indemnifies ADT in respect of all liability thereof.
10.5 Additional Services
(a) From time to time during the Term the Customer may request and ADT may agree in writing to provide certain additional services such as monitoring of access control and additions, moves and changes to Equipment. No variation in respect of the Additional Services will be binding unless it is and sets out the description of the Additional Services, any Equipment involved and the Fees payable. The supply of Additional Services will be governed by this Agreement.
(b) Any equipment installed at the Site by any Additional Services will form part of the Equipment and subject to clause 10.1 the Express Warranty applies to all such equipment from the date of its installation.
10.6 Availability of Optional Services
The customer acknowledges that not all optional services will be available
11. ADT INTERACTIVE MOBILE SECURITY SERVICES OR ADT MOBILE APP
11.1 Where ADT Interactive Security Services are provided under this Agreement, this clause 12 shall apply and:
(a) ADT agrees to use reasonable endeavours to provide the ADT Interactive Security Services;
(b) ADT does not warrant that the ADT Interactive Security Services will be: 1. uninterrupted; or 2. free of errors or faults;
(c) The availability of ADT Interactive Security Services is subject to the suitability of the location or locations where the ADT Interactive Security Services are to be used and/or provided and the availability of wireless telemetry coverage and sufficient internet protocol connectivity. ADT may terminate the provision of ADT Interactive Security Services or this Agreement if it determines in its sole discretion that there is not sufficient wireless telemetry coverage or broadband connectivity at the Site.
11.2
(a) Subject to the Australian Consumer Law, ADT will not be liable to the Customer or any third party in connection with:
1. the suspension, interruption failure, delay or restriction or failure of transmission of the ADT Interactive Security Services caused by matters outside ADT’s reasonable control, including:
i. internet, satellite or radio interference due to atmospheric conditions, geographic factors, network congestion, maintenance outages and other operational or technical difficulties; or
ii. the distance from that part of the Equipment comprised of the alarm panel and automation gateway to the other Equipment;
2. any code errors, viruses (known or unknown) arising from the use of the ADT Interactive Security Services;
3. any incompatibility of the ADT Interactive Security Services with any other software, hardware or material on the Device or any other property owned by the Customer;
4. any damage to the Customer’s Device or any other property caused by the use of the ADT Interactive Security Services;
5. any misuse or failure of the ADT Interactive Security Services caused by the Customer or any User using the ADT Interactive Security Services;
6. any loss the Customer or any other person suffers as a result of:
i. any use, misuse or unauthorised use of the ADT Interactive Security Services or of the Customer’s login details or account;
ii. the Customer’s internet service, telecommunications or other utility provider;
iii. the Customer’s use of its internet connection; or
iv. the Customer’s negligence or failure to follow ADT’s reasonable instructions or any other matter outside of ADT’s reasonable control.
(b) The Customer assumes full responsibility for:
1. the placement, location, direction and presence of the Equipment and any components (whether or not furnished by ADT) such as cameras, recording devices, peripheral devices or other devices;
2. the recording, transmission, transfer or other use of any images/data captured by the ADT Interactive Security Services;
3. the manner of Customer’s use of the ADT Interactive Security Services or any image or data captured or generated by it;
4. operating, setting, arming, disarming, viewing, configuring, modifying, reviewing and controlling the ADT Interactive Security Services and any associated systems e.g., thermostats, heating/air conditioning systems, lighting systems, doors, garage doors, fans, blinds, shutters, locks, appliances, et cetera connected to the ADT Interactive Security Services;
5. complying with all applicable laws related to the Customer’s use and operation of the ADT Interactive Security Services;
6. all of the Customer’s employees, agents, and personnel using the ADT Interactive Security Services (“Users”) access to and use of the ADT Interactive Security Services. The Customer shall, and shall cause its Users to, fully comply with all laws governing the placement, presence, operation and use of the ADT Interactive Security Services and any data, photographs, images, live and archived video/audio feeds/recordings (collectively, “Recordings”) captured by or generated by the ADT Interactive Security Services.
11.3
(a) Access to the ADT Interactive Security App is available to Customers with a current ADT account for the provision of ADT Interactive Security Services.
(b) To activate any web based features or features of the ADT Interactive Security App, Customers must download the ADT Interactive Security App and/or log in to the web- based service and may be required to accept terms of use of ADT or its service providers. By downloading, accessing or using the ADT Interactive Security App or any web based features the Customer agrees to any terms and conditions which over their use. All of the Customer’s Users are subject to such terms and conditions.
(c) Any terms and conditions of the ADT Interactive Security App or ADT Interactive Security Services may be modified by ADT or its service providers from time to time. Changes to such terms and conditions will be effective when posted and the Customer is deemed to have agreed to such terms and conditions if it continues to use the ADT Interactive Security Services and/or ADT Interactive Security App after such modified terms and conditions have been posted.
(d) A Device is required to operate the ADT Interactive Security App. The Device is to be provided by the Customer at its sole risk, cost and expense. e. Access to the internet and an email or text message address are required for use of and access of certain features of the ADT Interactive Security Services.
(f) Copyright, trade marks and all other intellectual property rights in all material, content or software supplied as part of the ADT Interactive Security Services (including the ADT Interactive Security Home App) will remain vested in ADT, or where applicable ADT’s licensors. ADT grants the Customer a limited, nontransferable licence to use such rights for its personal use of the ADT Interactive Security Service solely in accordance with this Agreement. ADT may terminate the licence to access and use the ADT Interactive Security App immediately upon ADT ceasing to provide the Customer with ADT Interactive Security Services
(g) The Customer will not, and will not facilitate or authorise any third party to copy transfer, publish, rent, reproduce, record, transmit, frame, reverse engineer, decrypt, decompile, disassemble, alter or commercially exploit the ADT Interactive Security App.
(h) In providing the Services, ADT, its third party suppliers or affiliated companies or their agents, employees, or directors: (a) may transmit, record, store, provide and/or receive unencrypted data, recordings, video monitoring services, still photo images, e-mails and text messages (“Transmissions”) via the Internet and/or store such Transmissions in facilities located outside of Australia including the United States or any other country, and (b) ADT cannot and does not warrant, assure, or guarantee the integrity, accuracy, confidentiality, or security of any Transmission of or from unauthorised or unexpected use, disclosure, corruption, interception or other improper act (collectively, “Security Risks”). To the extent permissible at law, ADT excludes liability for any Security Risks. If ADT stores any Transmissions on Customer’s behalf, ADT cannot and does not warrant, assure or guarantee the length of time such Transmissions will be stored.
(i) ADT reserves the right to suspend, cease, alter or upgrade any function relating to the ADT Interactive Security Services or ADT Interactive Security App at any time.
(j) If the ADT Interactive Security Services are terminated, the Customer acknowledges and agrees that it will no longer be able to use, monitor or access ADT Interactive Security Services, or any recordings or information stored on the ADT Interactive Security App or any associated web based service and any such recordings or information stored, in the normal course of ADT’s business, may be permanently removed from ADT’s systems and will no longer be available to the Customer.
(k) The Customer acknowledges that discontinuance of the ADT Interactive Security Services will affect the ability of any Equipment to communicate with ADT’s SRC including the transmission of Signals to the SRC. If ADT is required to attend the Customer’s Site to service or replace components of the Equipment so that it can continue to communicate with ADT’s SRC, due to the Customer discontinuing the ADT Interactive Security Services, this will be at the Customer’s expense.
(l) The Customer is solely responsible for any internet, telecommunications or other connectivity charges (including SMS charges) incurred on their personal Device including any charges incurred as a result of using the ADT Interactive Security Services.
12. OTHER APPLICATIONS
(a) ADT may, in its sole discretion, make available software applications or websites (Software Applications) to use and access the Services. Such service is only available to Customers with a current ADT account for the provision of Services.
(b) To activate any web based features or features of the Software Applications, Customers may be required to accept terms of use of ADT or its service providers. By downloading, accessing or using the Software Applications, the Customer agrees to any terms and conditions which govern their use.
(c) Any terms and conditions of the Software Applications may be modified by ADT or its service providers from time to time. Changes to such terms and conditions will be effective when posted and the Customer is deemed to have agreed to such terms and conditions if it continues to use the Software Applications after such modified terms and conditions have been posted. The Customer acknowledges:
1. Access to the internet and an email or text message address are required for use of and access of certain features of the Software Applications.
2. Copyright, trademarks and all other intellectual property rights in all material, content or software supplied as part of the Software Applications will remain vested in ADT, or where applicable ADT’s licensors. ADT grants the Customer a limited, non- transferable licence to use such rights for its personal use of the Software Applications solely in accordance with this Agreement. ADT may terminate the licence to access and use the Software Applications immediately upon ADT ceasing to provide the Customer with Services.
(d) The Customer will not, and will not facilitate or authorise any third party to copy, transfer, publish, rent, reproduce, record, transmit, frame, reverse engineer, decrypt, decompile, disassemble, alter or commercially exploit the Software Applications.
(e) In providing the Services, ADT, its third party suppliers or affiliated companies or their agents, employees, or directors: (a) may transmit, record, store, provide and/or receive unencrypted data, recordings, video monitoring services, still photo images, e-mails and text messages (“Software Application Transmissions”) via the Internet and/or store such Software Application Transmissions in facilities located outside of Australia including the United States or any other country, and (b) ADT cannot and does not warrant, assure, or guarantee the integrity, accuracy, confidentiality, or security of any Software Application Transmissions of or from unauthorised or unexpected use, disclosure, corruption, interception or other improper act (collectively, “Software Application Security Risks”).
(f) ADT reserves the right to suspend, cease, alter or upgrade any function relating to the Software Applications at any time.
(g) If the Software Applications are terminated, the Customer acknowledges and agrees that it will no longer be able to use, monitor or access the Services, or any recordings or information stored on the Software Applications or any associated web based service and any such recordings or information stored, in the normal course of ADT’s business, may be permanently removed from ADT’s systems and will no longer be available to the Customer.
(h) The Customer acknowledges that discontinuance of the Software Applications may affect the ability of any Equipment to communicate with ADT’s SRC including the transmission of Signals to the SRC. If ADT is required to attend the Customer’s Site to service or replace components of the Equipment so that it can continue to communicate with ADT’s SRC, due to the Customer discontinuing the Services, this will be at the Customer’s expense.
(i) The Customer is solely responsible for any internet, telecommunications or other connectivity charges (including SMS charges) incurred on their personal device including any charges incurred as a result of using the Software Applications.
(j) The Customer acknowledges that the Software Applications may be interrupted and may not be error free.
GENERAL
(a) Any waiver by ADT of any default or breach, or the non-acceptance by ADT of any repudiation of this Agreement by the Customer, will not affect ADT’s rights in respect of further or continuing default or breach or any subsequent repudiation by the Customer.
(b) If any provision (or part of it) contained in this Agreement is rendered void, invalid or unenforceable in any jurisdiction, then such provision (or part of it) will be severed from this Agreement without affecting the validity of the provision in other jurisdictions.
(c) This Agreement will be binding on the successors, substitutes, permitted assigns, executors and administrators of the parties to this Agreement. Where there is more than one Customer, the liability of each shall be joint and several.
(d) The Customer may not transfer any of its rights or obligations under this Agreement without the prior consent of ADT.
(e) This Agreement will be governed by and construed in accordance with the laws of the State or Territory in which the Site is located and the parties submit to the nonexclusive jurisdiction of the Courts of that State or Territory and of the Commonwealth of Australia.
(f) All rights and remedies provided in this Agreement are cumulative and not exclusive of any other rights or remedies that may be available to ADT, whether provided by law, equity, statute, in any other agreement between the parties or otherwise.
(g) The liability of a party for any losses incurred by the other party will be reduced proportionately to the extent that: (a) any negligent act or omission of the other party; or
(h) (b) or any failure by the party to comply with its obligations and responsibilities under this Agreement, contributed to those losses.
INFORMATION COLLECTION STATEMENT
Tyco Australia Group Pty Limited (ACN 076 836 416) trading as ADT Security (“ADT”) respects your privacy and is committed to protecting your personal information. The Privacy Act requires us to tell you when we collect personal information and how we will use it. Personal information is information about you, such as your name and address. We generally collect and use the personal information we need to complete business transactions with you as well as providing you with ongoing Customer support. Therefore, we have recorded your details so we can contact you in the future. We may use your information to send you our publications. If you would prefer that we did not use your details this way, please contact our Privacy Compliance Officer whose details appear below. ADT shares personal information with its related companies in the Johnson Controls group of companies both in and outside Australia. The sorts of organizations outside the Johnson Controls group of companies to which we typically disclose personal information include the following:
a. service providers (e.g., businesses to which we contract alarm equipment service, maintenance work and mobile patrols, mailing houses, printers, auditors, debt collection agencies, process servers, lawyers, etc);
b. state government authorities; and
c. your insurance company.
In addition to the above, when you apply for and use the ADT Interactive Security Services, we collect personal information about you. You acknowledge and agree that we may collect usage habits and data and information about when and where you or anyone else uses the ADT Interactive Security Services.
You acknowledge and agree that provision of the Services, including video monitoring services, and still photo imaging and the storage of related data may take place in third party data centres located overseas and may involve the transfer, disclosure and use of personal information outside of Australia. You can access most personal information that ADT holds about you. Sometimes that will not be possible but if that is the case you will be told why. A fee may apply. If at any time your details change please contact ADT’s Customer Service Representatives on 131 ADT or if you would like to access your personal information please ask for our Privacy Officer.