These Terms and Conditions cover all 3sixT branded websites and any other websites associated with 3sixTgear.com, including but not limited to any 3sixT branded social media sites, and create an agreement between you and 3sixT regarding your use of these websites (collectively, “Site”), and any apps that facilitate use of the Site or any services available by 3sixT on or through the Site (collectively, “Services”). Your use of the Site and Services is governed by these Terms and Conditions and 3sixT’s Privacy Policy. Please review these carefully before using the Site or Services.

For ease of reference, we will use the following terms in these Terms and Conditions: “3sixT”, “we” or “us” and other grammatical variations mean 3sixT Pty Limited, including its global subsidiaries and affiliated companies (including Cellnet Group Ltd, Wentronic GmbH and Wentronic Asia Pacific Limited). “Personal Information” is defined in 3sixT’s Privacy Policy.

We may update these Terms and Conditions from time to time, so please reference this regularly. If we change our Terms and Conditions, we will post the revised version here, with an updated revision date. If we make material changes to our Terms and Conditions, we will notify you by prominently posting a notice on the Site. If any changes to these Terms and Conditions are adjudicated to be invalid or unenforceable, the original Terms and Conditions agreed to by you will continue in full force and effect.

Governing law

These Terms and Conditions are governed by the laws of Australia and such other laws which are applicable in the country where the user is resident.

Using the Site

Do not misuse the Site and the Services. Do not obtain or attempt to obtain any materials or information, or gain access to any systems or networks connected to the Site or to any 3sixT server, or to any of the Services, through any means that we do not intentionally make available through the Site.

Do not use any device, software or routine to try to modify, intercept, or interfere with the Site and the Services or with any other person’s use of the Site or Services. Specifically, you must not submit, upload or transfer any unauthorised files, codes, scripts (including but not limited to viruses or trojan horses) or use any device, program, algorithm, methodology or process (whether automatic or manual), to access, acquire, copy or monitor any portion of the Site or Service, or in any way reproduce or circumvent the navigational structure or presentation of the Site.

Do not copy, sell or otherwise exploit for a commercial purpose any part of the Site or Service that we provide to you, without our written agreement.

You cannot use content from our Site unless you obtain permission from 3sixT or are otherwise permitted by law. Do not remove, obscure, or alter any trade marks or legal notices displayed on our Site. You may use 3sixT product information and documentation (“Documentation”) made available by 3sixT for download from the Site, provided that you (1) use the Documentation only for your personal, non-commercial use (2) do not modify the Documentation, and (2) do not remove any proprietary rights notices.

You agree that any content (both written and visual) you post, share or otherwise publish on the Site (including comments and reviews) can be re-used and shared by us.

Third-Party and linked social media Sites

We include links to websites operated by third-parties on or through the Site and Services. Once you leave the Site and Services, your activities are governed by the terms of use and privacy policies of the third-party site. 3sixT is not responsible for the terms of use, privacy practices or the content of these sites, and we encourage you to carefully read the terms of use and privacy policies of any website you visit. The inclusion of any hyperlinks to third-party websites does not imply 3sixT’s endorsement or approval of such third parties, their websites or their businesses or other activities.

Terms of use with our social media profiles, timelines, posts, images, stories and advertising

In the interest of providing an environment that respects the opinions and values of all visitors, any abusive or potentially offensive content, spam and advertising will be removed. This includes trolling of most kinds, e.g. excessive or repetitive posting about the same issue and foul and abusive language in private messages. In some circumstances, we may also ban users from viewing or engaging these profiles. Spamming means instant ban, so does any kind of racist, violent or foul language. We also reserve the right to delete posts made from fake profiles. Any kind of abuse or use of foul language towards our support staff or moderators is not welcome and may lead to posts being removed without response and/or bans on the poster. We do not moderate comments based on favourable or unfavourable experiences/opinions of 3sixT products ("Products"). In fact, we’d like to know about positive and negative experiences you’ve had with our Products, but we will only engage you when you express yourself in a clear and respectful manner. We welcome people from all backgrounds to our profiles, but sometimes we have to remove posts in languages other than English because we can’t moderate them. In all cases, the decisions of our moderators are final.

Using this website as a business

If you are using our Services on behalf of a business, that business accepts these Terms and Conditions. To the extent permitted by law, your business will hold harmless and indemnify 3sixT and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these Terms and Conditions, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and solicitor’s fees.

Website content

While we do our best, we cannot guarantee that the colours shown on the Site exactly reproduce the colours of our Products. This may depend on the colour reproduction on your computer or mobile device. Information on the Site is subject to change without notice.

The content of the Site contains confidential information that is protected by valid, applicable and enforceable intellectual property rights. 3sixT owns or has a right to use the intellectual property rights in the Site (including in all underlying source code) and all of its content. We reserve our rights in it.

All trade marks appearing on the Site are the property of their respective owners. The use of any of 3sixT’s or Cellnet Group Ltd’s trade marks is strictly prohibited unless we provide prior written consent. Unless otherwise indicated, copyright in the information on this website is owned by or licensed to 3sixT.

The Site or any portion of the Site may not be reproduced, adapted, duplicated, copied, provided to any third party, altered, sold, stored in a retrieval system, transmitted or otherwise exploited for any commercial purpose, in any form and by any means, except where necessary for viewing the Site on your Internet browser, or specifically authorised by law or in writing by 3sixT.

You agree that:

• (a) no title to any intellectual property rights in the Site or its content transfers to you; and
• (b) you do not obtain any rights, express or implied, other than those specifically granted by these Terms and Conditions.

You acknowledge that data in any information provided to you through the Site is subject to copyright, trade mark, brand names, patents or other property rights or laws.

3sixT attempts to be as accurate as possible, but we do not warrant those product descriptions or other content on the Site is accurate, complete, reliable, current or error-free.

Pricing

Prices may differ online to prices that are in our retail partner’s stores. Our displayed prices are the Recommended Retail Price in Australia at the time of publication and are inclusive of GST (10%). Prices are subject to change without notice. 3sixT reserves the right to amend any pricing errors displayed due to human error, computer malfunction or other reason. 3sixT will notify you of any error in pricing and you may elect to an order where the price has been corrected.

Accounts

To use certain Services, you may be required to set up an account and a password for that account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You also agree that any information you provide in setting up an account is truthful and accurate.

Where you are required to create a password that will enable you to use a Service, your email address and password will be used to validate your identity in order to access the Service. When you choose a password, choose a unique combination of letters and numbers unrelated to your or someone else’s identity or to any information that is publicly available or that may be needed by us to provide the Service to you or to others. If you share information related to the Service with others or allow others to access the Service using your email address and password, you have no expectation of privacy or confidentiality in the Personal Information you may intentionally or unintentionally disclose. Therefore, please avoid giving access to these materials to others. You agree to notify 3sixT immediately of any unauthorised use of your account or password, or any other breach of security. Please contact us through the Customer Care Centre.

3sixT will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by 3sixT or another party due to someone else using your account or password as a result of your failure to keep your account information secure and confidential. You may not use anyone else’s account at any time without the permission of the account holder. 3sixT will not be liable for any loss or damage arising from your failure to comply with these obligations.

3sixT may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your account, hard copy, or posting of such notice on the Site. 3sixT is not responsible for any automatic filtering you or your network provider may apply to email notifications. 3sixT recommends that you add @3sixTgear.com URLs to your email address book to help ensure you receive email notifications from 3sixT.

You may stop using our Site or Services at any time. However, if you have created an account with us, we may suspend or cancel your access to the Site or Service and/or block your future access to the Site, by giving you as much notice as is commercially reasonable in the circumstances if (a) you do not comply with these Terms and Conditions or other agreements or policies which may be associated with your use of the Site or Service, (b) your actions cause 3sixT to violate any agreement or policy needed to run the Site or Service, (c) 3sixT is required to do so by any court, law enforcement agency, or government authority in any country, (d) the Site or Service is discontinued or materially modified, for any reason; (e) we reasonably anticipate the occurrence of technical issues or problems that may affect the operation of the Services or Site; (f) unexpected technical issues or problems affecting the operation of the Services or Site occur; or (g) if we have to investigate suspected misconduct. If any of the above circumstances occur, 3sixT may, upon giving you written notice of cancellation of your access to the Site or Service, deactivate or delete your account. 3sixT will not be liable to you or to any third-party for any suspension or cancellation of your access to the Site or Service, or the deactivation or deletion of your account.

Security

Any Personal Information that you submit will be protected by our secure SSL payment gateway server, which uses 256-bit security technology to protect your online order information. Payment information is handled by PayPal and 3sixT have no visibility or ability to see your payment details, except for a reference number that confirms payment is successful. For more information, please see: https://www.paypal.com/au/webapps/mpp/ua/legalhub-full

Accessibility

Although the Site is accessible worldwide, not all 3sixT Products and Services provided or accessed through or on the Site will be available in your country. 3sixT may, in its sole discretion, limit the provision and quantity of any feature, product or Service to any person or geographic area. Any offer for or of any feature, product or Service made on the Site is void where prohibited. However, you remain bound by these Terms and Conditions wherever you access or use the Site or the Services.

Suspension or cancellations of Products or Services

As we regularly improve or change our Products and Services to provide you with a better experience, we may add, vary or remove functionalities or features of any Product or Service. In some cases, we may suspend or discontinue a Product or Service altogether. When we change, suspend or discontinue a Product or Service, we will try to give you prior notice of this as soon as possible. However, we retain the right to make changes to a product listing on the Site, or the prices applicable to such product, at any time, without notice.

Additional Terms and Conditions

When you purchase 3sixT Products on the Site or use any portion or feature of the Site, including participating in competitions and promotions, you may be required to agree to additional terms and conditions. For example, we may require you to check a box to indicate your acceptance of these additional terms and conditions (this will usually be required when you purchase 3sixT Products on the Site or participate in a competition). If you agree to such additional terms and conditions, these will be made a part of these Terms and Conditions by this reference.

If there is a conflict between these Terms and Conditions and any additional terms and conditions posted for or applicable to a specific portion of the Site or for any Service, such additional Terms and Conditions shall control with respect to your use of that portion of the Site or the specific Service.

The Products are intended to be accessed and used only for non-time-critical functions, information and/or control of 3sixT Products. Our aim is to provide highly reliable and available Products and Services, however, the Services, including remote access and mobile notifications, are not intended or guaranteed to be reliable or available 100% of the time. In addition, the Services may be subject to sporadic interruptions and failures for reasons beyond 3sixT’s control, including but not limited to Wi-Fi intermittency, service provider uptime, mobile notifications and carriers. We cannot and do not guarantee that you will receive notifications or have access to the Services in any given time or at all.

You acknowledge that the 3sixT Products and Services are not certified for emergency response or intended or suitable for use in situations or environments where failure, delay or errors or inaccuracies in the data or information provided could lead to death, personal injury or severe physical or environmental damage, including without limitation in connection with the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems. YOU UNDERSTAND THAT 3sixT PRODUCTS AND SERVICES ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM – 3sixT DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME OR LOCATION IN THE EVENT OF AN EMERGENCY. In addition, 3sixT Customer Care and Support contacts cannot be considered and are not a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life-threatening and emergency events should be directed to the appropriate response services in your area.

YOU AGREE THAT YOU WILL NOT RELY ON THE PRODUCTS AND SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. It is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.

Certain Products and Services may not be accessible without :(i) a working Wi-Fi network in your home that is positioned to communicate reliably with the applicable 3sixT Product; (ii) a 3sixT account; (iii) devices such as a supported phone or tablet (required for some functionality); (iv) always-on broadband Internet access in your home; and (v) other system elements that may be specified by 3sixT. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You accept that the Products and Services may not work as described if the requirements and compatibility have not been met.

To the maximum extent permitted by law, we disclaim any and all responsibility and liability in respect of our Site and any loss or damage suffered or incurred by a person for any reason including (without limitation):

• (a) using or relying on any of the information provided in or obtained through our Site; or
• (b) any of the matters referred to in these Terms and Conditions.

Notwithstanding any other provision in these Terms and Conditions, if we are liable to you in any way, including:

• (a) your rights under the Competition and Consumer Act 2010 (Cth) ("CCA"); or
• (b) in the case of a warranty or liability that the law says we cannot exclude,

our liability is limited to:

• (c) refunding you the cost you paid for the relevant Product or Products; or
• (d) re-supplying or having resupplied the relevant Product or Products

Nothing in these Terms and Conditions or in our dealings with you affects your statutory rights including those under the CCA. To the extent of any inconsistency between these Terms and Conditions and your statutory rights under the CCA, your statutory rights under the CCA will apply.

The Site is provided on an 'as is' and 'as available' basis for information purposes only. You agree that your access to and use of the Site will be at your sole risk. You continually indemnify us against any claim, action or proceeding that is made, threatened or commenced and against any liability, loss, damage, cost or expense (including legal costs on a full indemnity basis) which any of them incurs or suffers, as a direct or indirect result of any of the following:

• (a) your use of and access to the Site;
• (b) a breach of these Terms and Conditions;
• (c) a wilful, unlawful or negligent act or omission by you;
• (d) your violation of any third party right or law, including (without limitation) any intellectual property rights, defamation or criminal laws;
• (e) a claim that you caused damage to a third party; or
• (f) your use of any information obtained from or through the Site.

The user of the Site assumes all costs arising as a result of the use of the Site.

Orders

We reserve the right to reject any order you place with us for any reason. For example, we may reject your order if we know or suspect that you intend to resell some or all of the Products specified in your order as a part of a commercial business. You may only place orders via the Site for private and domestic purposes.

We expressly prohibit purchases for resale and/or reselling any 3sixT product as part of any business (including any online business) unless agreed in writing by Cellnet Group Ltd.

By purchasing off our the Site, you accept and agree to our Privacy Policy. Your Personal Information will be used, according to our Privacy Policy, to process your order and tell you about our Products and Services.

Contact Us

If you have any questions not addressed in these Terms and Conditions or you become aware of any errors or prohibited content anywhere on the Site, please contact us.