Terms of service
1. Our Contract
These terms and conditions (Terms) are between YouHome Automation Pty Ltd T/A Security Cameras Australia (We, Us or Our) and you.
When you place an order via Our Website, you will receive an order confirmation email confirming receipt of your order (Confirmation Email). This Confirmation Email will only be an acknowledgment of your order and will not constitute acceptance of your order. For the avoidance of doubt, your consumer guarantee rights under Australian Consumer Law commence from the time of payment, regardless of when the contract is formed upon dispatch.
A contract between Us will not be formed until We send you confirmation by email that the Goods which you ordered have been sent to you (Dispatch Email).
Only those Goods listed in the Dispatch Email will be included in the contract formed between you and Us (Contract).
You may cancel your order within 72 hours of placing it by notifying Us in writing via email, after which time your order becomes non-cancellable pending dispatch of the Goods.
2. Orders
When you place an order through Our Website, you are making an offer to purchase the Goods. We will assess your order and notify you of acceptance or rejection within 48 hours of order placement. We may decline your order where: (i) the Goods are unavailable or out of stock; (ii) we identify a pricing error or system error affecting your order; (iii) we reasonably suspect fraudulent activity or payment irregularities; (iv) your payment method fails verification or authorization; (v) the delivery address cannot be verified or serviced; or (vi) acceptance would breach applicable laws or regulations. If we decline your order, any authorization hold on your payment method will be released immediately and you will receive written notification explaining the reason for rejection.
Your order is not accepted, and no binding contract is formed, until We send you a Dispatch Email confirming that the Goods have been dispatched, as specified in clause 1.c. We must receive and process your payment authorization before your order can be accepted and dispatched.
Please review your order carefully before submitting, including product specifications, quantities, delivery address, and pricing. You may cancel your order within 72 hours of placing it as specified in clause 1.e. After this period, your order becomes non-cancellable pending dispatch of the Goods.
In the event that We do not accept, make a change to, or cancel an order, We will attempt to notify you promptly by contacting the email address, billing address, and/or phone number provided at the time the order was placed. If We cancel an order after payment has been processed, We will provide a full refund within 7 business days.
Your purchases are subject to return or exchange in accordance with Our Refund Policy as set out in clause 6 and your consumer guarantee rights under Australian Consumer Law.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export. If you wish to purchase products for commercial purposes, please contact Us to discuss commercial terms and pricing.
Nothing in this clause limits your statutory rights under Australian Consumer Law, including your rights to remedies for defective goods or services, regardless of whether an order has been formally accepted.
3. Pricing and Billing
We use reasonable commercial efforts to ensure that all details, descriptions and prices of the Goods which appear on this Website are accurate. However, listing errors may occur in relation to such details, descriptions and prices (Error). Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. Delivery costs will be charged in addition to the purchase price and such additional charges are clearly displayed where applicable and included in the "Total Cost".
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
If We discover an Error or pricing error after you have placed an order, We will notify you as soon as practicable and give you the option to either proceed with the purchase at the correct price or cancel your order for a full refund. We are not obligated to honor pricing errors.
Nothing in this clause limits your statutory rights under Australian Consumer Law, including your rights to clear and accurate pricing information and protection against misleading or deceptive conduct.
4. Payment
4.1 Authorization and Holds
When you place an order, we perform a standard authorization check on your credit or debit card (Card) to verify sufficient funds. Upon successful authorization, we place a temporary hold on the funds in accordance with card scheme rules and industry standards.
This authorization hold reserves funds on your Card but is not an actual charge or payment, and does not constitute acceptance of your order or formation of a binding contract under clause 1.c. It creates a conditional commitment: we commit to fulfilling your order within the hold period, and you commit to completing the purchase if we dispatch the Goods. You may cancel your order without penalty at any time during the hold period, and the hold will be released immediately upon cancellation. The hold will remain in place for a maximum of 7 days from order placement, or such shorter period as required by card scheme rules.
If we do not dispatch your order within the hold period, the authorization will be automatically released without any action required from you. You will receive email notification when the hold is released. You may agree in writing to extend the hold period if needed.
4.2 When Payment Occurs
Your Card will only be debited (charged) when we dispatch the Goods and a binding contract is formed as specified in Our Contract section. The Dispatch Email will confirm that your card has been debited and the transaction is complete. Until dispatch occurs, only an authorization hold is in place—no funds are actually transferred.
The payment debited from your Card constitutes payment in full for the Goods ordered. No additional payment will be required unless we notify you of price adjustments due to goods unavailability or pricing errors.
4.3 Your Rights During the Hold Period
You have the right to cancel your order at any time before the Dispatch Email is sent. Upon cancellation, the authorization hold will be released immediately and no funds will be debited. You will receive email confirmation when the hold is released.
We will provide regular order status updates via email during the authorization hold period, including when your order is being processed, ready for dispatch, and dispatched. You may check your order status anytime by logging into your account or contacting our customer service team.
Alternative payment options that do not involve extended authorization holds may be available at checkout, including payment upon dispatch for eligible orders. Contact us before placing your order to discuss alternative payment arrangements.
4.4 Refunds and Price Adjustments
Your statutory rights to refunds, replacements, or repairs for faulty goods, goods not as described, or goods that fail to meet consumer guarantees under Australian Consumer Law remain fully enforceable regardless of payment or dispatch timing. Where you are entitled to a refund under Australian Consumer Law, such refunds will be provided in accordance with your statutory rights.
We do not provide discretionary refunds for change of mind or non-defective goods once the Dispatch Email is sent, except as required under our Refund Policy or Australian Consumer Law.
If we discover price adjustments, goods unavailability, or additional charges are necessary, we will provide written notice before dispatching the Goods. You will have 5 business days from receiving our notice to accept the changes or cancel your order without penalty.
If we are unable to dispatch your order for any reason, we will notify you promptly and release the authorization hold within 7 business days.
4.5 Fraud Prevention and Verification
We reserve the right to request additional verification of your identity or payment method before processing your order. We may decline or cancel any order where we reasonably suspect fraudulent activity, payment irregularities, or breach of this Agreement.
If we decline or cancel an order due to suspected fraud or payment irregularities, we will provide written notice specifying the reasons and afford you 5 business days to respond with clarifying information before finalizing the cancellation. This notice requirement does not apply where providing notice would compromise fraud prevention measures or breach legal obligations to financial institutions or law enforcement authorities.
Any funds debited will be refunded within 7 business days of cancellation.
4.6 Email Notifications
We will send you email notifications at the following stages:
- When the authorization hold is placed, clearly stating this is not a charge and your card will only be debited upon dispatch
- When the hold is released following cancellation
- When your order is dispatched and your card is debited
- Regular status updates during the hold period
4.7 Your Acknowledgments
By authorizing payment at checkout, you acknowledge and agree that:
- The authorization hold reserves funds on your Card but does not create any legal payment obligation. While the hold is in place, these funds will be temporarily unavailable for other purchases, which may reduce your available credit or account balance. The hold will remain for a maximum of 7 days from order placement, or such shorter period as required by card scheme rules.
- You are not legally bound to complete the purchase until We dispatch the Goods and a contract is formed as specified in clause 1.c. You may cancel your order at any time before dispatch without any financial obligation, and the authorization hold will be released immediately, restoring the funds to your available balance. Your cancellation rights and statutory rights under Australian Consumer Law remain fully enforceable throughout the authorization hold period.
- You expressly consent to the placement of an authorization hold on your Card which reserves funds for fulfillment of your order.
- The authorization hold is a temporary reservation of funds only and does not constitute a debit, withdrawal, or charge.
- The hold creates a conditional commitment protecting both parties: it ensures funds are available for your purchase while giving you the right to cancel before dispatch, and obligates us to either dispatch your order within the hold period or automatically release the hold.
- The actual debit will occur only upon dispatch of the Goods as confirmed in the Dispatch Email, at which time the hold will be converted to a completed transaction.
- You understand that while you retain the right to cancel before dispatch, once the Goods are dispatched and the Dispatch Email is sent, a binding contract is formed as specified in clause 1.c. After dispatch, your rights are governed by our Refund Policy and your consumer guarantee rights under Australian Consumer Law, which remain fully enforceable. You retain all statutory rights to refunds, replacements, or repairs for faulty goods, goods not as described, or goods that fail to meet consumer guarantees, regardless of when the contract was formed.
4.8 Australian Consumer Law
Nothing in this Payment section limits or excludes your rights to refunds, replacements, or repairs under Australian Consumer Law, including your rights relating to consumer guarantees for goods that are defective, not fit for purpose, or not as described. All payment terms in this Agreement are subject to your statutory rights under the Competition and Consumer Act 2010 (Cth).
5. Delivery of Goods
Non-delivery of Goods must be reported to Us as soon as possible.
5.1 Delivery Timeframes
Delivery timeframes provided on Our Website or in communications with you are estimates based on standard processing and carrier schedules. We will use reasonable efforts to meet these estimated timeframes. Standard delivery timeframes are:
- Metro areas (Sydney, Melbourne, Brisbane, Perth, Adelaide): 3-5 business days from dispatch
- Regional Australia: 5-10 business days from dispatch
- Remote areas: 10-15 business days from dispatch
- International orders: 10-20 business days from dispatch, depending on destination
We will use reasonable care in selecting carriers and arranging delivery to meet estimated timeframes. We remain responsible for delays within Our reasonable control, including delays in processing orders or arranging dispatch.
We use reasonable care in selecting carriers and arranging delivery, and remain responsible for carrier selection and standard delivery performance. We will not be liable for delays caused solely by force majeure events that are genuinely beyond Our reasonable control and could not have been prevented or mitigated by reasonable diligence, specifically: natural disasters, extreme weather events, pandemics, customs or quarantine delays imposed by government authorities, industrial action affecting carriers beyond our control, government restrictions or orders, or war and civil unrest. For the purposes of this clause, "reasonable diligence" means taking all commercially practicable steps that a reasonable business in our position would take to minimize the impact of the force majeure event on delivery, including the specific mitigation steps outlined below. Where delays occur due to such force majeure events, We will notify you promptly and provide regular updates. If delays become unreasonable in duration, you retain the right to cancel your order and receive a full refund, regardless of the cause of the delay.
Before relying on this force majeure provision, We will undertake the following mitigation steps and maintain timestamped records of all actions taken:
- We will document all mitigation efforts in our internal systems, including: (i) the date and time each mitigation action was initiated; (ii) the parties contacted and their responses; (iii) alternative options explored and reasons for acceptance or rejection; and (iv) any costs incurred in mitigation efforts. Upon request, We will provide you with a summary of mitigation efforts undertaken for your specific order, subject to any confidential commercial information.
- If We fail to undertake and document the mitigation efforts specified above within the stated timeframes, We will be deemed to have breached this force majeure provision and will not be entitled to rely on the force majeure defence.
- Documentation must include timestamped records showing when each mitigation step was initiated and completed. In circumstances where We cannot demonstrate adequate mitigation efforts through proper documentation, We remain fully liable for any delays and you may immediately cancel your order and receive a full refund plus compensation for any documented losses directly caused by the delay, up to the value of your order.
If delivery is delayed beyond the estimated timeframe, We will notify you promptly and provide regular updates on the status of your order. If delays become unreasonable in duration, you retain the right to cancel your order and receive a full refund, regardless of the cause of the delay.
We bear the risk of loss or damage during transit while Goods are in the possession of carriers. Title and risk pass to you simultaneously upon delivery of the Goods to your nominated address and receipt of payment in full, as specified in the Title and risk section below. We are not liable for delays caused by incorrect or incomplete delivery addresses provided by you.
Nothing in this clause limits your rights under Australian Consumer Law to receive goods within a reasonable timeframe or to remedies where goods are not delivered within a reasonable time.
"Reasonable variation" means delays of up to 5 business days beyond the estimated timeframe caused by factors including peak periods, weather events affecting specific regions, or carrier scheduling variations. Variations exceeding 5 business days are not considered reasonable unless caused by force majeure events as defined in the Limitation on claims section.
Maximum delivery timeframes (from order placement to delivery) are:
- Metro areas: 14 business days
- Regional Australia: 21 business days
- Remote areas: 28 business days
- International orders: 35 business days
These maximum timeframes include order processing, dispatch, and delivery time. If delivery has not occurred within the maximum timeframe for your delivery location, you are automatically entitled to:
- Cancel your order and receive a full refund within 7 business days; or
- Continue to wait for delivery with a 10% discount applied to your order (refunded to your original payment method)
You may exercise these rights by contacting us in writing. We will process your chosen remedy within 2 business days of receiving your request.
If we become aware that delivery will be delayed beyond the estimated timeframe, we will notify you within 2 business days of becoming aware of the delay. Our notification will include:
- The reason for the delay
- A revised estimated delivery date
- Your options to cancel without penalty or continue with the order
You may cancel your order without penalty at any time if:
- Delivery has not occurred within the maximum timeframe for your location
- Delays exceed reasonable variation and we have not provided satisfactory explanation
- Your circumstances have changed such that the delay is no longer acceptable to you
Upon cancellation, we will provide a full refund within 7 business days, including any delivery charges paid.
Nothing in this clause limits your rights under Australian Consumer Law to receive goods within a reasonable timeframe or to remedies where goods are not delivered within a reasonable time. The timeframes specified in this clause are maximum periods and do not override your right to cancel and receive a refund if delivery delays become unreasonable in your specific circumstances, even if within the stated maximums.
5.2 International customers
All international orders will be sent with tracking and insurance as standard to ensure delivery confirmation and protection against loss or damage during transit. This applies regardless of order value and demonstrates our commitment to reliable international delivery.
We use reasonable care in selecting carriers and arranging delivery, and remain responsible for carrier selection and standard delivery performance. We will not be liable for delays caused solely by force majeure events that are genuinely beyond Our reasonable control and could not have been prevented or mitigated by reasonable diligence, specifically: natural disasters, extreme weather events, pandemics, customs or quarantine delays imposed by government authorities, industrial action affecting carriers beyond our control, government restrictions or orders, or war and civil unrest. Where delays occur due to such force majeure events, We will notify you promptly and provide regular updates. If delays become unreasonable in duration, you retain the right to cancel your order and receive a full refund, regardless of the cause of the delay. We will not be liable for delays caused by an incorrect or incomplete delivery address provided by you. Nothing in this clause limits your rights under Australian Consumer Law to receive goods within a reasonable timeframe.
We are responsible for ensuring Goods reach you in acceptable condition and will use reasonable care in selecting reputable carriers and arranging delivery. This obligation cannot be excluded and applies regardless of any insurance arrangements. Standard carrier liability provides coverage up to $100 for domestic shipments and $200 for international shipments. For orders with a total value exceeding $500, We will automatically include full insurance coverage at no additional cost to protect against loss, theft, or damage during transit. For orders under $500, optional insurance is available at an extra cost for additional protection against loss, theft, or damage during transit that exceeds standard carrier liability limits. The optional insurance covers the full declared value of your order and provides enhanced compensation in the event of loss or damage. Purchasing optional insurance does not affect our delivery obligations or your statutory consumer guarantee rights under Australian Consumer Law. Your consumer guarantee rights under Australian Consumer Law provide full protection for goods that fail to reach you in acceptable condition, regardless of whether you purchase optional insurance or the value of your order. If goods are lost, stolen, or damaged in transit, you retain all statutory rights to remedies including replacement or refund, and We remain responsible for fulfilling these obligations even where standard carrier liability limits are exceeded.
Delivery to countries outside Australia can take 10 working days, depending on region, to arrive.
All customs / import fees / taxes and duties are the responsibility of the customer.
You are responsible for providing accurate delivery address details and must confirm these prior to dispatch. We are not liable for delays, loss, or additional costs arising from incorrect or incomplete address information provided by you.
5.3 Australia
All orders in Australia are sent by Australia Post with tracking as standard. Orders with a total value of $100 or more will also include signature on delivery and insurance. Orders below this threshold will include tracking but not insurance or signature on delivery unless you request an upgrade at checkout for an additional fee.
While We do everything We can to ensure your order is delivered in a timely manner, We will not be liable for any loss or damage incurred by any person as a result of delay caused by Our carrier that We have no control over or by any event which is out of Our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to Us.
For non-delivery of Goods, please notify Us by email as soon as possible.
You must provide accurate and complete delivery information including street address, suburb, state, and postcode at the time of purchase, and We reserve the right to verify delivery addresses before dispatch to minimise delivery failures.
If non-delivery is reported within 10 business days of the expected delivery date, We will investigate and provide a replacement or full refund within 7 business days of receiving your notification.
Where non-delivery is confirmed following investigation, you may elect to receive either a replacement shipment at no additional cost or a full refund of the purchase price, with such remedy to be provided within 7 business days of confirmation.
Nothing in these non-delivery provisions limits your rights under Australian Consumer Law to claim remedies for failure to deliver within a reasonable timeframe, and the reporting periods specified are recommended for efficient processing but do not extinguish your statutory consumer guarantees.
6. Receipt of Goods
We recommend you inspect the Goods upon delivery for obvious physical damage or defects visible upon delivery. If you notice such damage, we encourage you to notify us in writing within 7 days of delivery to facilitate efficient claims processing. This 7-day period is a recommendation for reporting obvious physical damage only and does not limit your statutory consumer guarantee rights under Australian Consumer Law, which remain fully enforceable regardless of when you notify us. This recommended notification period applies only to obvious physical damage visible upon delivery and does not apply to functional defects, performance issues, or defects discovered during normal use. You retain all rights to claim remedies for latent defects or functional issues discovered after 7 days, and nothing in this clause limits your rights under Australian Consumer Law.
To assist us in processing your claim efficiently, we encourage you to provide: (i) a detailed description of the defect or non-conformity; (ii) photographic evidence of the Goods showing the defect or damage (if available); (iii) the original order number and delivery date; and (iv) the remedy sought (replacement, repair or refund). Upon receipt of your notice, We will assess the claim and notify you of Our decision within 10 days. Failure to provide all of this information will not prevent us from assessing your claim under Australian Consumer Law, though additional information may be requested to facilitate resolution.
If your notice is incomplete or does not include all required information specified in this clause, We will return your submission within 5 business days with specific guidance on the missing information required to process your claim. However, We will assess and respond to your claim within 14 days of your initial contact, regardless of whether all documentation has been provided. Where sufficient information exists to assess the claim, We will proceed with assessment even if some documentation is incomplete. The 14-day maximum assessment period commences from the date of your initial contact and includes any time spent requesting or awaiting additional information. We will notify you in writing of our assessment decision within this timeframe.
This paragraph does not apply if the Goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply, refer to clause 7 below.
7. Refund policy
You are entitled to a refund, repair, or replacement under Australian Consumer Law if the Goods are faulty, not as described, unsafe, or do not meet consumer guarantees. These statutory rights always apply and cannot be excluded.
We offer a 14-day change-of-mind return period from the date of delivery, subject to the following conditions:
- The product must be in resaleable condition with minimal signs of use;
- All original packaging, accessories, manuals, and components must be included;
- The product must not show evidence of installation, mounting, or permanent fixture;
- A restocking fee of 20% of the purchase price will apply;
- You are responsible for all return shipping costs; and
- This change-of-mind return right does not apply to custom-ordered, personalised, or clearance items, or to products that have been installed or integrated into a security system.
For unopened goods in original, sealed packaging that meet all conditions in clause 6(a), the restocking fee may be reduced or waived at our discretion.
Change of mind returns are a discretionary benefit provided by us and are separate from your statutory rights. If goods are faulty, not as described, unsafe, or do not meet consumer guarantees, your rights under the Australian Consumer Law apply instead of this change-of-mind policy, and more favourable terms (including no restocking fees) will apply.
To exercise your consumer guarantee rights, contact us within 90 days of discovering the issue, or within such longer period as is reasonable where the defect could not reasonably have been discovered within 90 days. Please provide your order number, reason for return, and photographic evidence if applicable. Refunds will be processed within 7 business days of receiving returned goods or confirming the issue. Return shipping costs for faulty or non-conforming goods will be reimbursed. Nothing in this policy limits your rights under Australian Consumer Law, and you may make claims beyond these timeframes where the nature of the defect or your circumstances make a longer period reasonable.
8. Limitation on claims
We have no liability to the extent that Our performance of the Contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which We are prevented from or delayed in performing any of Our obligations, is beyond Our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
Upon becoming aware of a force majeure event affecting your order, We will notify you within 5 business days and use reasonable efforts to mitigate the impact, including seeking alternative suppliers or delivery methods. If force majeure prevents delivery for more than 30 days, you may cancel your order and receive a full refund.
During any force majeure event, We will provide you with regular updates at least every 10 business days regarding the status of your order and mitigation efforts undertaken.
'Reasonable efforts to mitigate' includes actively seeking alternative suppliers within 10 days, offering partial refunds for delayed portions of orders, and providing interim substitute goods where commercially practicable. You may request interim solutions or partial performance options at any time before the 30-day cancellation threshold, and force majeure does not eliminate Our liability for payment obligations relating to goods already delivered or accepted prior to the force majeure event.
If We fail to undertake reasonable mitigation efforts as defined in clause 7(c) during a force majeure event, We remain liable for any reasonably foreseeable losses directly resulting from such failure. This liability is separate from and in addition to your cancellation and refund rights under clause 7(b), and does not affect your entitlement to compensation for delays caused by inadequate mitigation measures.
We have no liability to the extent that a failure of the Goods is attributable to any act or omission on your part.
8.1 Consumer Transactions
For consumer transactions (goods ordinarily acquired for personal, domestic or household use), including security cameras and related equipment, you are entitled to the full range of remedies under Australian Consumer Law without any limitation. This includes the right to choose between repair, replacement, or refund for major failures, and compensation for any reasonably foreseeable loss or damage. We accept full liability for all losses and damages arising from breach of consumer guarantees.
8.2 Commercial Transactions
For commercial transactions involving goods not ordinarily acquired for personal, domestic or household use, and where section 64A of the Australian Consumer Law permits, Our liability for failure to comply with a consumer guarantee may be limited to:
- in the case of Goods supplied by Us, the replacement of the Goods or the supply of equivalent Goods (or the payment of the cost of the replacement or supply), or the repair of the Goods (or the payment of the cost of the repair); and
- in the case of services supplied by Us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
This limitation does not apply where there is a major failure as defined under the Australian Consumer Law. In the case of a major failure, you are entitled to choose a refund or replacement, and to seek compensation for any other reasonably foreseeable loss or damage.
8.3 Burden of Proof
If We seek to rely on the limitation for commercial transactions, We bear the burden of proving that the goods in question are not ordinarily acquired for personal, domestic or household use. If We cannot establish this, the full consumer transaction protections apply.
Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
In all other respects, Our total liability for loss or damage of every kind, whether arising pursuant to the Terms, or arising in any other way out of or in relation to the supply of the Goods, their sale, delivery or the way they behave, and whether in tort or Contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to Us for the Goods.
Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms, We do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of Goods or services supplied pursuant to these Terms.
Nothing in these Terms limits liability that cannot be excluded under the Australian Consumer Law, including guarantees regarding goods being of acceptable quality, fit for purpose, or as described, and Our liability for misleading or deceptive conduct under the Competition and Consumer Act 2010 (Cth).
Where We rely on any limitation or exclusion of liability under this clause 7, We bear the burden of proving that the goods in question are not ordinarily acquired for personal, domestic or household use, and that the limitation or exclusion is permitted under section 64A of the Australian Consumer Law. If We cannot establish this, the full remedies and protections under the Australian Consumer Law apply without limitation.
The limitation on liability in clause 7(e) does not apply to any unauthorised access to payment information, data breaches, or cyber security incidents. We accept full liability for any loss or damage arising from Our failure to implement reasonable security measures to protect your personal information or payment data, or from Our breach of statutory obligations under the Privacy Act 1988 (Cth) or other applicable data protection legislation.
9. Disclaimer of Warranties
The information presented on or through the Services is made available solely for general information purposes. While We make reasonable efforts to ensure accuracy, We do not warrant the accuracy, completeness, or usefulness of general information, content, or materials on Our Website. Any reliance you place on such information is at your own risk. We disclaim liability for reliance on general website content, subject to Our obligations under Australian Consumer Law.
We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free. Technical issues, maintenance, or factors beyond Our reasonable control may affect service availability. We will use reasonable efforts to maintain service availability but do not warrant continuous or fault-free operation.
Nothing in this clause excludes, restricts, or modifies any consumer guarantee, right, or remedy that you may have under the Australian Consumer Law or other applicable consumer protection legislation that cannot be excluded, restricted, or modified by agreement. These statutory rights include but are not limited to guarantees that:
- Goods are of acceptable quality;
- Goods are fit for any disclosed purpose;
- Goods match their description;
- Services are provided with due care and skill; and
- Services are fit for any specified purpose.
Where Goods or Services fail to meet consumer guarantees under Australian Consumer Law, you are entitled to remedies including repair, replacement, refund, or compensation as appropriate, and nothing in these Terms limits or excludes these rights.
This disclaimer applies to general website content, information, and technical service availability only. It does not apply to, and does not limit, Our obligations regarding the quality, fitness for purpose, or description of Goods and Services We sell, which are governed by Australian Consumer Law.
We disclaim responsibility for the accuracy, reliability, or content of third-party websites, materials, or services linked from or accessible through Our Services, subject to Our obligations under Australian Consumer Law where We facilitate or endorse such third-party products or services.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded.
The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
10. Intellectual Property
Our Services and Website, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Us, Our affiliates or licensors and are protected by Australian and international patent, copyright, trademark, and other intellectual property laws.
These Terms permit you to use the Services and Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services or Website without Our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Ours or any third party. Unauthorized use of the Services or Website may be a violation of the Copyright Act 1968 (Cth), Trade Marks Act 1995 (Cth), and other Australian intellectual property laws. All rights not expressly granted herein are reserved by Us.
Our names, logos, product and service names, designs, and slogans are trademarks of Ours or Our affiliates or licensors. You must not use such trademarks without Our prior written permission. Use of Our trademarks in a manner likely to cause confusion, deceive consumers, or dilute Our brand may result in legal action.
All other names, logos, product and service names, designs, and slogans displayed on the Services or Website are the trademarks of their respective owners. Nothing in these Terms grants you any right to use such third-party trademarks.
If you believe that any content on Our Website infringes your intellectual property rights, please contact Us immediately with details of the alleged infringement. We will investigate and take appropriate action in accordance with Australian intellectual property laws.
Nothing in this clause limits your rights under Australian Consumer Law or your statutory rights to fair dealing under the Copyright Act 1968 (Cth).
11. Title and risk
Title and risk in the Goods pass to you simultaneously upon delivery of the Goods to the address you nominated and receipt of payment in full. Until both delivery and full payment occur, We retain title and bear all risk of loss or damage to the Goods, including during transit while the Goods are in the possession of carriers. We maintain insurance responsibility during this period.
Nothing in this clause limits your rights under Australian Consumer Law, including consumer guarantees regarding acceptable quality and fitness for purpose. If Goods are damaged in transit, you retain all statutory rights to remedies including repair, replacement, or refund.
12. Waiver
Any waiver of any provision of the Terms will be effective only if in writing and signed by Us. Without limiting the foregoing, if you breach these conditions and We take no action, We will still be entitled to use Our rights and remedies in any other situation where you breach these conditions.
13. Entire agreement
The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Us.
14. Governing law
These Terms are governed by the laws in force in New South Wales. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction. Nothing in this clause prevents you from bringing proceedings in the courts of your own state or territory, or from accessing local tribunals, small claims courts, or other dispute resolution forums as provided under consumer protection legislation.
15. Privacy and Data Protection
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed at [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed at [SHOPIFY PRIVACY POLICY LINK]. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
We collect and process your personal information (including name, address, payment details, and email) in accordance with the Australian Privacy Act 1988 and applicable data protection laws. We collect personal information necessary for order fulfilment, payment processing, and customer service as required to perform our contract with you. Where we seek to use your personal information for purposes beyond contract performance (such as marketing communications or analytics), we will obtain your separate informed consent through clear opt-in mechanisms that allow you to choose which purposes you consent to. We implement reasonable security measures to protect your data and will notify you of any data breaches as required by law. For full details of our privacy practices, including your rights to access, correct, or delete your information, and to manage your consent preferences, please refer to our Privacy Policy available on our website.
16. Dispute resolution
Before commencing court proceedings, either party must notify the other in writing of the dispute and allow [14] days for a response. The parties agree to negotiate in good faith for [30] days to resolve the dispute. If unresolved, the dispute may be escalated to senior management or referred to an external dispute resolution scheme. Nothing in this clause prevents either party from seeking urgent interlocutory relief or accessing statutory remedies under Australian Consumer Law.
17. Dispute resolution scheme
For disputes that cannot be resolved through the processes outlined above, we will participate in dispute resolution through an Australian Dispute Resolution Association (ADRA) accredited scheme. For disputes under $[AMOUNT], parties must attempt mediation before commencing court proceedings, consistent with small claims tribunal requirements.
18. Data Breach Notification and Remedies
In the event of a data breach affecting your personal information, we will notify you as soon as practicable after becoming aware that the breach is likely to result in serious harm, and in any event within 72 hours of discovering the breach, in accordance with the Notifiable Data Breaches scheme under the Privacy Act 1988 (Cth). Our notification will include the nature of the breach, the categories of data affected, steps taken to mitigate harm, and recommended actions you should take. Where a breach results from our failure to implement reasonable security measures, we will provide affected customers with 12 months of complimentary credit monitoring or identity theft protection services, and our liability limitations in clause 7(e) will not apply to such breaches.
19. Mediation and costs
If the dispute remains unresolved after the procedures in clause 15, either party may refer the matter to mediation before an independent mediator agreed by both parties within [7] days. Each party will bear their own costs of mediation, with mediator fees shared equally. Any settlement reached through mediation will be binding and enforceable as a contract between the parties.
20. External dispute resolution
Nothing in this clause prevents you from seeking external dispute resolution at any time. You may refer unresolved disputes to the relevant consumer protection agency, small claims tribunal, or court as permitted under Australian Consumer Law. We will participate in good faith in any external dispute resolution process required by law.
21. Preservation of statutory rights
Nothing in this dispute resolution process limits or excludes your rights under the Australian Consumer Law or other applicable consumer protection legislation. You may seek urgent interlocutory relief or pursue statutory remedies at any time, regardless of whether these dispute resolution procedures have been completed.
22. Data Security Measures
We implement commercially reasonable security measures appropriate to the sensitivity of the personal information we collect and process. These measures include, but are not limited to: encryption for data in transit and at rest using industry-standard protocols, access controls and authentication measures for employee access to customer data, and regular independent security assessments. We maintain documented security policies aligned with recognized security frameworks and industry best practices, and we review and update these measures regularly to address evolving threats and technological developments. We retain personal information only for as long as necessary to fulfil the purposes for which it was collected or as required by law, after which it will be securely deleted or de-identified in accordance with our data retention policies. In the event of a data breach likely to result in serious harm, we will notify affected customers within 72 hours of discovery, and within 30 days for other notifiable breaches, in accordance with the Notifiable Data Breaches scheme under the Privacy Act 1988 (Cth). We will provide appropriate remedies which may include credit monitoring services, identity theft insurance, and access to legal support as circumstances warrant.
23. Contact Information
For all inquiries, complaints, or to exercise your consumer guarantee rights, you may contact us at:
Email: support@securitycamerasaustralia.com.au
Phone: +61 466 452 202
Our customer service team is available Monday to Friday, 9:00 AM to 5:00 PM AEST. We aim to respond to all inquiries within 2 business days.
We maintain detailed records of product compliance with Australian safety standards (including relevant AS/NZS standards for surveillance equipment) and will provide compliance certificates and safety documentation upon request within [DAYS] business days.
For complaints that cannot be resolved directly with us, you may contact your local consumer protection agency or access external dispute resolution services as outlined in clause 18.
24. Changes to Terms of Service
We reserve the right to modify these Terms at any time. We will provide reasonable notice of any material changes by posting the updated Terms on Our Website and sending notification to your registered email address.
Material changes to these Terms will take effect 30 days after notification is sent to existing customers. For new customers, changes take effect immediately upon posting to the Website.
If you do not agree to the modified Terms, you may cancel any pending orders before dispatch and cease using Our services. Continued use of Our services or placement of new orders after the effective date constitutes acceptance of the modified Terms.
Changes to these Terms do not affect the rights and obligations under any Contract formed before the effective date of the changes. Orders placed before changes take effect remain governed by the Terms in force at the time of order placement.
Nothing in this clause limits your statutory rights under Australian Consumer Law, which cannot be excluded or modified by changes to these Terms.
25. Access and Account
To place orders through Our Website, you may be required to create an account by providing accurate and complete registration information including your name, email address, delivery address, and payment details.
You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You must not share your account credentials with any third party or allow unauthorized access to your account.
You agree to notify Us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from unauthorized account access that results from your failure to maintain account security, except where such access results from Our negligence or breach of data security obligations.
You must ensure that all information provided in your account is accurate, current, and complete. You agree to update your account information promptly if any changes occur. We reserve the right to suspend or terminate accounts that contain inaccurate, false, or misleading information.
We reserve the right to refuse service, terminate accounts, or cancel orders at Our discretion, including but not limited to situations involving suspected fraudulent activity, breach of these Terms, or violation of applicable laws.
You may terminate your account at any time by contacting Us in writing. Upon termination, you remain responsible for any outstanding orders or payment obligations incurred before termination.
Nothing in this clause limits your statutory rights under Australian Consumer Law, including your rights to remedies for defective goods or services regardless of account status.
Except in cases of suspected fraud or serious breach, We will provide [DAYS] days' written notice before suspending or terminating your account, specifying the reason for termination and providing you with an opportunity to respond. Upon termination, We will preserve your order history and account data for [DAYS] days to allow you to access order information and request refunds for outstanding orders.
26. Our Products
All product descriptions, specifications, images, and pricing information displayed on Our Website are provided for general information purposes only. While We make reasonable efforts to ensure accuracy, product images are indicative only and minor variations in appearance, color, or packaging may occur.
Product availability is subject to stock levels and may change without notice. We reserve the right to limit quantities, discontinue products, or modify product specifications at any time. If a product becomes unavailable after you place an order, We will notify you promptly and offer a suitable alternative or full refund.
Technical specifications, compatibility information, and installation requirements are provided as a guide only. You are responsible for ensuring products are suitable for your intended use and compatible with your existing systems. We recommend consulting with a qualified professional installer for complex security camera systems.
Products may be covered by manufacturer warranties in addition to your consumer guarantee rights under Australian Consumer Law. Manufacturer warranty terms, where applicable, will be provided with the product or are available upon request. Manufacturer warranties are in addition to, and do not limit, your statutory consumer guarantee rights.
All products sold comply with applicable Australian safety standards and regulations. Products are intended for use in accordance with manufacturer instructions and applicable laws. Improper installation, use, or modification may void warranties and affect product performance.
Nothing in this clause limits your consumer guarantee rights under Australian Consumer Law, including guarantees that goods are of acceptable quality, fit for purpose, match their description, and are safe. Where products fail to meet these guarantees, you are entitled to remedies including repair, replacement, or refund as appropriate.
27. Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.
If you decide to leave the Services to access these materials or third party sites, you do so at your own risk. We recommend that you review the terms of use and privacy policies of any third-party websites before providing any personal information or engaging in transactions.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. This includes but is not limited to any loss, damage, or disappointment arising from third-party products, services, or content.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
The inclusion of any link to a third-party website does not imply endorsement, approval, or recommendation of that website or its content by Us. We do not warrant or make any representations regarding the quality, accuracy, or reliability of any third-party websites or their content.
You acknowledge and agree that We have no control over third-party websites and cannot be held responsible for their availability, content, products, services, or practices. Any dealings you have with third parties found through Our Services are solely between you and the third party.
Nothing in this clause limits your rights under Australian Consumer Law where We facilitate, endorse, or have a commercial relationship with third parties that would make Us responsible for their products or services under consumer protection legislation.
28. Relationship with Shopify
Our online store is powered by Shopify Inc. ("Shopify"), which provides the e-commerce platform and payment processing services that enable Us to provide the Services to you. Shopify's role is limited to providing the technical infrastructure and payment processing functionality for Our store.
All sales and purchases you make through Our store are made directly with Us. The contract for the sale of Goods is formed between you and Us as specified in clause 1, not between you and Shopify. We are solely responsible for all aspects of the sale, including product quality, delivery, customer service, and compliance with consumer guarantees under Australian Consumer Law.
Shopify processes payments on Our behalf using Shopify Payments. When you provide payment information, you are providing it to Shopify for processing. Shopify's payment processing is subject to Shopify's Terms of Service and Privacy Policy, which are separate from these Terms.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales transaction between you and Us, including but not limited to product quality, delivery, returns, refunds, or customer service. Shopify does not warrant or guarantee any products or services sold through Our store.
To the extent permitted by law, you hereby release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Us, including any injury, damage, or loss resulting from purchased products and services. This release does not affect your consumer guarantee rights under Australian Consumer Law in relation to Our obligations as the seller.
If Shopify has any obligations to you under Australian Consumer Law arising from its role as payment processor or platform provider, this clause does not limit or exclude those obligations. Any claims relating to payment processing issues, platform functionality, or data security in relation to Shopify's services should be directed to Shopify in accordance with their terms of service.
Nothing in this clause limits your rights under Australian Consumer Law or affects Our obligations to you as the seller of the Goods. We remain fully responsible for all consumer guarantees and statutory obligations relating to the products and services We sell.
29. Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and display such Feedback for purposes directly related to improving our products, services, and customer experience. We may sublicense these rights to our service providers solely to the extent necessary to perform services on our behalf. This license does not apply to: (i) confidential information clearly marked as "confidential" at the time of submission; (ii) proprietary business ideas or trade secrets that you identify as such; (iii) personal information protected under the Privacy Act 1988 (Cth); or (iv) Feedback submitted with a clear statement that you do not wish to grant the license described in this clause. If you wish to submit confidential information, proprietary ideas, or substantial contributions without granting this license, please contact us first to discuss appropriate confidentiality arrangements or a separate agreement.
To opt out of granting this license for specific Feedback, clearly mark your submission with "NO LICENSE GRANTED" at the beginning of your communication. We will treat such submissions as confidential and will not use them for any purpose without obtaining your separate written consent. For substantial contributions such as detailed product designs, technical innovations, or business proposals, we will offer to enter into a separate written agreement that provides appropriate compensation and intellectual property protections.
We will use Feedback granted under this license only for the following purposes: (i) identifying and fixing product defects or service issues; (ii) developing new features or improvements to existing products; (iii) enhancing customer service processes; (iv) creating aggregated and anonymized data for business analytics; and (v) sharing customer testimonials and reviews (with attribution unless you request anonymity). We will not use your Feedback to develop competing products for third parties or for purposes unrelated to our business operations.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene content, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
30. Errors, Inaccuracies and Omissions
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.
If we discover an error, inaccuracy, or omission that affects an order you have placed, we will notify you as soon as practicable and give you the option to either proceed with the purchase at the correct price or terms, or cancel your order for a full refund. If we cancel an order due to an error after payment has been processed, we will provide a full refund within 7 business days.
We are not obligated to honor pricing errors or inaccuracies. Where a pricing error is discovered after you have placed an order but before dispatch, we will notify you and provide you with the option to proceed at the correct price or cancel for a full refund.
Nothing in this clause limits your rights under Australian Consumer Law, including your rights to clear and accurate information and protection against misleading or deceptive conduct. Where errors in product descriptions or specifications affect the quality or fitness for purpose of goods, your consumer guarantee rights remain fully enforceable.
31. Prohibited Uses
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (i) for any unlawful or malicious purpose; (ii) to violate any international, federal, state, or local laws, regulations, rules, or ordinances applicable in Australia; (iii) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (iv) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (v) to transmit false or misleading information; (vi) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (vii) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (viii) to impersonate or attempt to impersonate any other person or entity; or (ix) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Us or users of the Services, or expose them to liability.
In addition, you agree not to: (i) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (ii) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (iii) collect or track the personal information of others; (iv) spam, phish, pharm, pretext, spider, crawl, or scrape; or (v) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms. Account termination does not affect your obligations for orders placed before termination or your statutory rights under Australian Consumer Law.
32. Limitation of Liability
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you may have under the Australian Consumer Law or other applicable consumer protection legislation that cannot be excluded, restricted, or modified by agreement. This includes but is not limited to guarantees regarding acceptable quality, fitness for purpose, correspondence with description, and Our liability for misleading or deceptive conduct.
We accept full liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents, or contractors. Nothing in these Terms limits or excludes this liability.
Where permitted by section 64A of the Australian Consumer Law, Our liability for failure to comply with a consumer guarantee may be limited to the remedies specified in clause 7. This limitation only applies to goods that are not ordinarily acquired for personal, domestic or household use or consumption, and does not apply to major failures as defined under Australian Consumer Law.
For consumer transactions involving goods ordinarily acquired for personal, domestic or household use (including security cameras and related equipment), We accept full liability for all losses and damages arising from breach of consumer guarantees, including consequential and indirect losses that are reasonably foreseeable.
To the extent permitted by law, We exclude liability for indirect or consequential losses arising from use of Our Website or Services (as distinct from the Goods themselves), including but not limited to lost profits, lost revenue, lost savings, or loss of data, except where such losses arise from Our negligence, breach of consumer guarantees, or misleading or deceptive conduct.
Our partners, directors, officers, employees, affiliates, agents, contractors, and service providers are not liable for any claims arising from your use of the Services or purchase of Goods, except where they have direct obligations to you under Australian Consumer Law or other applicable legislation.
Shopify Inc. and its affiliates are not liable for any aspect of the sales transaction between you and Us, including product quality, delivery, or customer service, except where Shopify has direct obligations to you under Australian Consumer Law arising from its role as payment processor or platform provider. This limitation does not affect your consumer guarantee rights in relation to Our obligations as the seller.
Where We are liable to you, and that liability can be limited under section 64A of the Australian Consumer Law, Our total liability is limited to the amount paid by you for the relevant Goods or Services, or the cost of resupplying or replacing the Goods or Services, at Our option.
This limitation of liability applies only to the extent permitted by law and does not apply where limitation would be contrary to Australian Consumer Law or other mandatory consumer protection legislation.
Data Breach Liability and Remedies
We accept full liability for data breaches resulting from our failure to implement the security measures specified in this clause. In the event of a notifiable data breach, we will provide affected customers with written notification detailing the nature of the breach, categories of data compromised, immediate mitigation steps taken, and recommended customer actions. Affected customers will receive [12] months of complimentary credit monitoring services, identity theft insurance coverage, and access to legal support at no cost. Customer data will be retained for [7] years following the completion of each transaction or as required by applicable law, after which it will be securely deleted using NIST-approved methods within [30] days of the retention period expiring.