TERMS AND CONDITIONS GOVERNING ONLINE ACCOUNT ACCESS

 


1. INTRODUCTION

1.1 These ADT Online Account Access Terms and Conditions (“Agreement”) between Tyco Australia Pty Limited trading as ADT Security (“ADT”) and Site User (“User” or “you” or “your”) contains the complete terms and conditions governing your use of ADT Online Account Access (“Site”).

1.2 You may accept such terms and conditions and therefore be entitled to use the Site by indicating your acceptance at the end of this Agreement.

1.3 This Site is further subject, when applicable, to the terms and conditions of your Customer Service Agreement with ADT for the provision of alarm monitoring services (“Customer Service Agreement”).

1.4 In the event of any conflict or inconsistency between this Agreement and the Customer Service Agreement, the Customer Service Agreement shall take precedence.

2. THE SITE

2.1 The Site is secured and allows you to access certain business information concerning your Account (“ Account”) with ADT at the Site located at https://www.adtsecurity.com.au.

2.2 Before you may participate in and use the Site, you must accept the terms and conditions by clicking on the “I Accept” option at the end of this Agreement.

2.3 Once you have accepted the terms and conditions, ADT shall provide to you access to the Site to access your Account.

2.4 Should you not accept the terms and conditions of this Agreement, you shall not be permitted access to the Site.

3. RIGHTS AND RESTRICTIONS IN USING THE SITE

3.1 Subject to the terms and conditions of this Agreement, ADT grant to you a non‑transferable license to use your Password to access your Account on the Site, and to use, download, and copy such Account information solely to facilitate your customer relationship with ADT.

3.2 You agree that you shall not permit or allow any third party to use or access your Password, the Site or Account and that you shall not use any proprietary or confidential information contained in the Site or your Account for any purpose other than to facilitate your customer relationship with ADT.

3.3 You may not:

(a) publish, display, disclose, modify, distribute, or create derivative works based on the Site or your Account other than in the regular course of facilitating your customer relationship with ADT;

(b) reverse engineer, recompile, translate, adapt, or disassemble the Site or any part of the Site; or

(c) transmit your Account information to any third party unrelated to your customer relationship with ADT without ADT’s prior written approval.

4. OWNERSHIP

4.1 You have no ownership rights in the Site or your Account.

4.2 You do have a license to use the Site and access your Account whilst your Customer Service Agreement remains in force and effect.

4.3 ADT may revoke your use of the Site or your Account at any time in ADT’s sole discretion. 4.4 Ownership of the Site and your Account, and all intellectual property rights in the Site and your Account shall remain at all times with ADT.

4.5 Any other use of the Site and your Account by any person, business, corporation, government organization or any other entity other than the uses permitted under this Agreement is not permitted.

5. CONFIDENTIALITY

5.1 You acknowledge that the Site and your Account contain proprietary trade secrets of ADT and you hereby agree to maintain the confidentiality of the Site and your Account using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information.

5.2 You agree to communicate the terms and conditions of this Agreement to those persons employed by you who will have access to your Password(s) and your Account, and to require such employees or consultants to be bound by similar confidentiality obligations.

6. PRIVACY

Click here to review ADT’s Privacy Policy.

7. IT SECURITY POLICY

Click here to review ADT’s IT Security Policy.

8. NO WARRANTY

8.1 ADT disclaims all warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and noninfringement.

8.2 ADT does not warrant that the Site will meet any requirements or needs you may have, or that the Site or your Account will operate error free, or in an uninterrupted fashion.

8.3 ADT does not exclude or purport to exclude warranties that are not capable under law of being excluded.

9. LIMITATION OF LIABILITY

9.1 In no event will ADT be liable to you or any third party for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, misuse of your Password(s) or your Account by any third party, employee, or former employee, or loss of business information) arising out of the use of or inability to use the Site or your Account or for any changes you make to your Account information or any claim by any other party, even if ADT has been advised of the possibility of such damages.

9.2 Notwithstanding the foregoing, under no circumstances shall ADT be responsible for more than the lesser of ten percent (10%) of the annual fees payable by you to ADT under your Customer Service Agreement or $1,000.

10. TERMINATION

10.1 This Agreement will immediately and automatically terminate without notice if you fail to comply with any term or condition of your Customer Service Agreement or this Agreement or your Customer Service Agreement is terminated or for any other reason at ADT’s sole discretion.

10.2 Upon such termination, your Password will no longer be valid and you shall no longer have the right to use or access the Site or your Account.

10.3 All provisions of this Agreement relating to confidentiality, ownership rights, and non-disclosure shall survive the termination of this Agreement.

11. GENERAL

11.1 This Agreement shall be construed, interpreted and governed by the laws of New South Wales without regard to conflicts of law provisions.

11.2 This Agreement, in conjunction with your obligations under your Customer Service Agreement or any other agreement you may have with ADT shall constitute the entire agreement between the parties.

11.3 Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties.

11.4 If a court of competent jurisdiction finds any part of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as to reasonably effect the intention of the parties.