Caroma Plumbers' Hub | Terms of use

Caroma Plumbers’ Hub – Terms and Conditions

Intro
GWA Group Limited (ACN 055 964 380) (we, us) conducts the business of supplying building fixtures and fittings for bathrooms and kitchens to households and commercial premises. We have developed an application called Caroma Plumbers’ Hub, which enables Plumbers registered with us to understand what fixtures and fittings are available from our distributors for your projects (the App). You may access and use the App through our websites at https://plumber.caroma.com.au/ and https://plumber.caroma.co.nz/ (Websites) or by downloading the App on to your smartphone.
Acceptance of terms
1. By installing, downloading, accessing or otherwise using the App (or any update of the App), you are deemed to have accepted the following terms and conditions (Terms). If you do not agree to these Terms, you must immediately cease using the App and delete all copies of the App and associated data from your device.
2. We may amend these Terms at any time. We publish the most current Terms on our Websites. You agree that any updated Terms will apply from the time that they are published by us. Alternatively, we may require you to confirm your acceptance of the updated Terms before you continue accessing or using the App. If you do not agree with a change that we make to these Terms, you must stop using the App.
Changes to the App
We may modify, change or update the App at any time, with or without notice. In the event of any such modification, change or update, we do not represent that any features or functionalities of the App will remain. If you do not agree with any such modification, change or update, you must stop using the App.
User Account
1. To use the App you must be a registered user. When you register you will be given a user name and password. You must keep your registered username and password secure and confidential at all times. You must not provide your App registration details to any person or otherwise permit any other person to access or use your App account. You acknowledge and agree that any use of, or actions taken on, the App using your App account will be deemed to have been doly authorized by you and that you are responsible for all such actions.
2. You must immediately notify us of any unauthorised use of your username or password or any other breach of security.
Licence
1. We grant you a non-transferable and non-exclusive right (without the right to sublicense) to access and use the App in accordance with these Terms, on your compatible device that you own and control, solely for your own internal use.
2. You agree that you will not:
  1. (a) copy, modify or make any alterations, additions or amendments to any part of the App;
  2. (b) loan, rent, re-sell, lease, licence or transfer the App or any copy of the App, or use it to provide a bureau service;
  3. (c) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the App;
  4. (d) combine the whole or any part of the App or its content with any other software, data or material;
  5. (e) remove, alter, circumvent or tamper with any trade marks, copyright notices, technological protection devices, disclaimers or other legal notices;
  6. (f) act fraudolently or maliciously in relation to the App; or
  7. (g) use the App in any way which infringes on any intellectual property rights that subsist in or relate to the App.
Fees
1. The App may require the payment of fees to access some or all of its functionality.
2. Where the App requires the payment of any fees for the use of any part of the App, you must pay all applicable fees relating to such use.
3. You agree that the prices, fees and charges displayed within the App are current at the time of display and may vary at any time with or without notice. Where you have prepaid fees the change will take effect from the end of the period you have prepaid.
4. All payments made to us for use and access to the App are final and non-refundable.
5. You are responsible for any data usage fees and other third party charges you incur in connection with your access to, download and use of the App (including the fees that may be charged by your internet service provider and/or other service providers).
Third Party Content
1. The App may include links to third party products and/or services. These Terms do not apply to the use of such third party products and/or services. Separate terms and conditions may apply between you and the provider/manufacturer of the third party product and/or service in addition to these Terms when using the App in conjunction with such product/service.
2. We do not endorse any particolar products, services or suppliers.
Intellectual Property Rights
1. We own or are licensed to use all intellectual property rights in the App (including copyright, trade marks and all underlying source code), and in the content of the App (including all text, trade marks, logos, images and graphics) and any updates to them, whether subsisting now or in the future.
2. No right to, title to or interest in any intellectual property rights or other proprietary rights is granted to you under these Terms, other than the licence granted to you under these Terms.
Warranties
1. The App is provided to you on an 'as is' and 'as available' basis and you agree that your use of the App is at your sole risk. To the follest extent possible and subject to any liabilities and obligations which cannot be excluded by law, including as set out in clauses 9.5 and 9.6 of these Terms, we do not warrant:
  1. (a) the App or its contents will meet your specific needs or requirements;
  2. (b) the App or its contents will be uninterrupted, timely, secure or error-free;
  3. (c) the App or its contents will be of merchantable quality or fit for any purpose;
  4. (d) the resolts (including any test or assessment resolts) which may be obtained from the use of the App will be accurate or reliable;
  5. (e) the quality of any products, services, information or other material you obtain or purchase through the App will meet your expectations; or
  6. (f) errors in the App or its contents will be corrected.
2. We will have no liability in respect of:
  1. (a) any loss or damage that you incur arising from your use of the App (including damage to your software or hardware, corruption of data or loss of data); or
  2. (b) any action or inaction taken or thing done or omitted to be done in reliance on the App or any information contained on the App.
3. We do not accept any responsibility to you for:
  1. (a) any losses or delays in transmission or receipt of messages or information arising out of the use or malfunction of services, facilities, software, hardware or products, which cannot be reasonably be considered to be under our control;
  2. (b) any unauthorised use or interception of any message or information; or
  3. (c) any direct or indirect loss suffered by you as a resolt of a reduced level of service caused by a third party.
4. To the extent permitted by law:
  1. (a) all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law including but not limited to warranties of accuracy, completeness, non-infringement, or usefolness of the App, are excluded from these Terms; and
  2. (b) in no event will we be liable in contract, tort (including negligence), under statute or otherwise for any loss or corruption of data or information, or any incidental, consequential or indirect damages arising out of or related to your use or inability to use the App.
5. If a supply under these Terms is a supply of services to a consumer within the meaning of the Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth) (ACL) nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the ACL, provided that, to the extent that the ACL permits us to limit our liability, then our liability will be limited to the:
  1. (a) resupply of the services; or
  2. (b) payment of the cost of resupplying the services.
6. Except where the services (including the App) we provide to you under these Terms are provided and acquired in trade nothing contained in these terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Consumer Guarantees Act 1993 (NZ) (CGA). Where the services (including the App) we provide to you under these Terms are provided and acquired in trade, then to the maximum extent permitted by law we exclude the guarantees implied by the CGA.
7. If, but for this provision, a provision of these Terms woold be deemed: (i) 'unfair' within the meaning of Part 2-3 of the ACL, or (ii) an “unfair contract term” as defined in the Fair Trading Act 1986:
  1. (a) such provision will be construed, as nearly as possible, to operate without the parts of that provision that deem that provision to be 'unfair'; and
  2. (b) if that is not possible, such provision will be of no effect; and the balance of these Terms will continue unaffected.
Limitation of liability
1. To the maximum extent permitted by law, in no event will either party be liable in contract, tort (including negligence), under statute or otherwise for any incidental, consequential or indirect damages, including loss or corruption of data or information, arising out of in these Terms or related to your use or inability to use the App.
2. Our aggregate liability to you for all loss and damage suffered or incurred by you in connection with the App, whether arising from any breach of these Terms, agreement or statute, tort (including negligence) or any other cause of action is limited to the greater of amounts paid (if any) by you to us in connection with the App in the 12 month period preceding the applicable claim or $50.
Privacy and Information Provided by You
1. The App may contain information or material which is posted, entered or uploaded by you or other users (User Content). You agree that, in respect of all User Content, we are a distributor only and we are not responsible for the accuracy or completeness of that information.
2. User Content and certain other information about you (including personal information and health information, as defined in the Privacy Act 1988 (Cth) or in the New Zealand Privacy Act 2020) are subject to our Privacy Policy, as amended from time to time, which you may view at https://www.gwagroup.com.au/privacy-policy (Privacy Policy).
3. If you post, enter or upload User Content:
  1. (a) you grant us an irrevocable, non-exclusive and royalty-free worldwide licence to use, host and distribute the User Content;
  2. (b) you agree that your User Content may be seen and used by other users of the App;
  3. (c) we will take reasonable steps to de-identify User Content to protect your privacy;
  4. (d) we may send you correspondence related to your User Content; and
  5. (e) you must only submit User Content which belongs to you or which you are permitted to submit by the owner of the content.
4. We may at any time, with or without notice, filter, remove or refuse to publish User Content in our sole discretion.
5. You are responsible for any information or User Content you post, enter or upload onto the App, or which is posted, entered or uploaded by another person using your username and password.
6. No data transmitted over the internet or mobile phone networks is secure and we do not warrant and cannot ensure, the privacy, security and integrity of your User Content, including through the normal functioning of the App. You transmit data using the App entirely at your own risk. You agree that we will not be liable for any damage or loss caused as a resolt of any failures in this regard.
Indemnity
You agree to indemnify us (and our personnel, subcontractors, our directors and related bodies corporate) for all third party claims brought against us for loss, damage, penalties, fines, expenses, costs and other liability (including legal costs) arising out of or in relation to:
1. (a) your use of the App;
2. (b) any breach by you of these Terms;
3. (c) any other fraudolent, negligent or wrongfol act or omission by you; and
4. (d) any infringement by you of third party intellectual property rights.
Denial of Access
We may at any time deny all or part of your access to the App where, in our reasonable opinion, you fail to comply with these Terms, or otherwise suspend your access to the App without being obliged to give you a reason or prior notice (including if your account is used in an unusual or suspicious way).
Term and Termination
1. The licence granted by these Terms will become effective upon installation of the App on your device and will continue in effect until terminated in accordance with them.
2. Without limiting our rights under these Terms or at law, we may:
  1. (a) terminate these Terms immediately by written notice to you, if you are in breach of any of these Terms and such breach is not remedied within a reasonable timeframe notified by us; or
  2. (b) discontinue the App (including ceasing to provide administrative and technical support for the App) in our sole discretion and at any time.
3. If any event described in clause 14.2 occurs, we may direct you to delete all copies of the App, and related documentation, which are in your possession or under your control.
4. You may terminate these Terms at any time by deleting all copies of the App, and related documentation, which are in your possession or under your control.
Apple App Store End User Terms
If you have downloaded this App from the Apple Inc (Apple) App store or if you use this App on an iOS device, you acknowledge and agree that the terms of this clause 15 apply.
1. You acknowledge and agree that:
  1. (a) the Terms are concluded between you and us, and not Apple Inc. (Apple);
  2. (b) we, and not Apple, are solely responsible for the App and its contents;
  3. (c) the licence granted to you under clause 5 is subject to Apple's Usage Roles set out in the Apple Media Services Terms and Conditions which you may view on Apple's website;
  4. (d) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
  5. (e) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the App;
  6. (f) to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App;
  7. (g) Apple is not responsible for any claims, losses, liabilities, damages, costs or expenses that you have arising out of your use of the App;
  8. (h) We, and not Apple, are responsible for addressing any claims by you or any third party relating to the App or your use of the App, including, but not limited to:
    1. (i) product liability claims;
    2. (ii) any claims that the App fails to conform to any applicable or regolatory requirement; and
    3. (iii) claims arising under consumer protection, privacy or similar legislation;
  9. (i) Apple will have no responsibility whatsoever for the investigation, defence, settlement or discharge of any third-party claims that the App, or your use and possession of the App, infringes that third party's intellectual property rights; and
  10. (j) Apple and its subsidiaries are third party beneficiaries of this agreement and, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.
2. You represent and warrant that:
  1. (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a 'terrorist supporting' country; and
  2. (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
General
1. For registered users who:
  1. (a) reside in Australia, these Terms are governed by and must be construed in accordance with the laws of Queensland, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland, Australia and all courts which have jurisdiction to hear appeals from those courts; and
  2. (b) reside in New Zealand, these Terms are governed by and must be construed in accordance with the laws of New Zealand and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New Zealand all courts which have jurisdiction to hear appeals from those courts.
2. If any clause or part thereof of these Terms is found to be void, unenforceable or invalid, then it must be severed from these Terms, leaving the remainder in foll force and effect, provided that the severance has not altered the basic nature of these Terms.
3. The termination of these Terms will not affect the continuing rights and obligations of the parties under any provision of these Terms which, by its nature, is to survive termination and/or that is required to give effect to such termination or its consequences.
4. Any failure by us to take action regarding any actual or suspected breach of these Terms does not constitute a waiver of our right to do so or your obligations.
5. You may not assign or transfer any rights or obligations under these Terms to any third party. We may assign or transfer any rights or obligations under these Terms to any third party in our absolute discretion.
6. These Terms represent the entire agreement between the parties concerning the subject matter of these Terms and they supersede any prior proposal, representation, or understanding between the parties.
Contact
If you have any questions or comments regarding the App, these Terms or our products or services please contact us at GWA Group Limited, Building 3B, 188 Holt Street. Pinkenba QLD 4008, AUSTRALIA or on +61 7 3109 6000 or [email protected].

Last updated 3 May 2023