Be Seated
AN IMPORTANT MESSAGE FROM BE SEATED
Terms and Conditions
Thank you for choosing BE SEATED – CHILD RESTRAINTS AND SAFETY CHECKS (ABN 14 885 067 669) to provide your family with baby and child restraint installation and safety checks, providing you with peace of mind.
I am dedicated to providing my services to the highest possible standards and in strict compliance with Australian Standards, restraint manufacturer recommendations and industry best practice. Please be aware that in no event will I depart from Government requirements and recommendations with respect to your child restraint installation and/or safety checks (including the appropriate time to move from a rear-facing child restraint to a forward[1]facing child restraint).
I will not compromise the safety of any child and therefore, if you are not willing to comply with Government requirements and recommendations, I kindly ask that you seek the services of another provider.
The application of these terms
Please take some time to read these terms carefully.
By continuing to engage my services, you are agreeing to be bound by these terms. If you do not agree with these terms, I ask that you stop using our services immediately.
Naturally, if you have any questions at all, please reach out to me by sending an email to Kasey at:
kasey@beseatedsafety.com.au
Please note that I may review and changes these terms from time to time – any updates will be published on the website and will take effect from the date of their publication.
About my services
Once you have accepted these terms and engaged my services, I will provide the services to you at a time and location to be agreed (please see our website for an outline of our working hours).
Occasionally the services will be provided at some other date or time if unforeseen circumstances arise
– I will always provide you with advance notice of any changes to your booking.
In providing my child restraint installation and safety check services, I promise:
💜 To use reasonable care and skill;
💜 To comply with commonly accepted practices and standards in accredited child restraint installation;
💜 To comply with all Government regulations and recommendations with respect to your child restraint installation and/or safety checks;
💜 To comply with the relevant child restraint manufacturer’s installation and safety recommendations; and
💜 To comply with all other applicable laws and regulations in force at the time I am carrying out the services. In addition to my installation and safety services, I will provide you with information and resources about how you can best ensure the ongoing safety of your child restraint following completion of my services. You will also be provided with the opportunity to return so I can perform an adjustment to the child restraint that has been installed if you feel that such adjustment is necessary. Providing you contact me within 6 weeks of the date of your child restraint installation, my adjustment service will be at no further cost to you. Any adjustments, installations or checks outside that 6 week period will be subject to additional fees.
Payment for your service
I will provide you with an invoice for your service fee at the time that I provide our services. I require payment within 24 hours of service provision (I will have facilities for you to make online payment at the time of service provision). All amounts payable are expressed inclusive of GST.
Your role in child car safety
Having your child restraint expertly installed and safety checked by BE SEATED is a great step in ensuring that your child travels safely in your vehicle. Your responsibility does not, however, stop there. My services will be carried out to meet or exceed the child restraint manufacturer’s guidelines. The ongoing safety of your child is dependent on factors that we as restraint professionals have no control over. I encourage you to be vigilant in your daily routine in respect of the safe use of your child restraint. If there is any doubt at any time after the initial installation has been completed that the relevant child restraint is unsafe, then I encourage you to immediately contact me and arrange to have the child restraint inspected for the doubt to be ascertained and rectified. The cost of any rectification services will be at your cost if you have allowed the child restraint to become unsafe, either in its configurement or installation.
The day-to-day safety of the child restraint is in your hands, and I encourage you to understand who it needs to be used and monitored. In addition to the resources that I will provide to you as part of our services (including how to adjust your child restraint, how to perform daily and periodic safety checks, where to go for ongoing information about child restraints) and common troubleshooting guides). I recommend that you closely read the manufacturer guidelines for your particular child restraint too to ensure that you are using the child restraint in the permitted manner. This is important not only to your child’s safety, but also important to any future claims that you may have against the manufacturer in the future if anything should go wrong.
I believe in your child’s safety and am pleased to offer a free of charge adjustment within 6-weeks after the date of our initial installation. This offer gives parents and carers a great chance to get acquainted with the child restraint and also make the most of their adjustment appointment by asking a range of questions that may have arisen during the initial period of use. To claim this incredible offer, you must contact me no later than 5-weeks from the date of installation to secure an adjustment appointment.
What I ask from you
💜 I will only provide you with a refund if I am unable to provide the relevant service or if I otherwise decide, in my sole discretion. Please note that you may have rights to claim a refund under the Australian Consumer Law in limited circumstances.
💜 I understand that sometimes unforeseen circumstances arise from time to time. If something should arise for you which means that you cannot attend your booking time/location, I ask that you provide me with at least 24 hours’ notice before your booking time. For cancellations made less than 24 hours of your confirmed booking time, a cancellation fee will be charged and payable.
💜 If you fail to provide me with the required notice and/or I arrive at the agreed time/location and you are not available, I have the right to charge you the whole service fee. The boring legal stuff
💜 The benefit of these terms cannot be assigned.
💜 We each agree that these terms are fair and reasonable and if anything is found to be void, voidable or unenforceable, it will be taken to be severed from these terms.
💜 Any failure, delay, or omission by me to exercise any power or right under these terms will not operate as a waiver of that power or right.
💜 These terms are governed by and are to be construed and take effect in accordance with the laws of Victoria. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria.
💜 I will not have any liability under or be deemed to be in breach of these terms for any delays or failures in performance of these terms which result from circumstances beyond our reasonable control.
💜 While the parties are confident that no disputes will arise under or in relation to these terms, to the extent that any dispute or difference of opinion does arise, each party will meet to discuss the matter at a mutually convenient time (not more than 14 days following notification of the dispute) and place to discuss and resolve the matter. The parties each agree to act in a respectful manner and in good faith in negotiating any matters of dispute.
💜 You accept these terms and engage my services with the understanding that I will not perform any services that are inconsistent with industry best-practice. If, at the time of service provision you fail to take my advice and/or request I provide services other than in accordance with law, Australian Standards or industry best practice, I will cease provision of our services and you will be required to pay the service fee to me.
💜 My liability under or in connection with these terms whether arising in contract, tort, negligence, breach of statutory duty or otherwise will not exceed the payments by you to me under these terms and in no case will we be liable for any indirect or consequential loss.
Approved by: Kasey Nash CHILD RESTRAINTS AND SAFETY CHECKS (ABN 14 885 067 669) November 2022
Be Seated Privacy Policy
This privacy policy applies to all personal information collected by Be Seated – Child Restraints and Safety Checks via the website located at www.beseatedsafety.au
1. What is “personal information”?
(a) The Privacy Act 1988 (Cth) currently defines “personal information” as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable.
(i) Whether the information or opinion is true or not; and
(ii) Whether the information or opinion is recorded in a material form or not.
(b) If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “personal information” and will not be subject to this privacy policy.
2. What information do we collect?
(a) The kind of personal information that we collect from you will depend on how you use the website. The personal information which we collect and hold about you may include: Name, email, phone number, details relating to your appointment (payment method in case of late cancellation, who referred you etc), Files you uploaded.
3. How we collect your personal information
(a) We may collect personal information from you whenever you input such information into the website.
(b) We also collect cookies from your computer which enables us to tell when you use the website and also to help customise your website experience. As a general rule, however, it is not possible to identify you from our use of cookies.
4. Purpose of collection
(a) The purpose for which we collect personal information is to provide you with the best service experience possible on the website.
(b) We customarily disclose personal information only to our service providers who assist us in operating the website. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.
(c) By using our website, you consent to the receipt of direct marketing material. We will only use your personal information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from use. We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature.
5. Access and Correction
Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us at kasey@beseatedsafety.com.au
6. Complaint procedure
If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us at kasey@beseatedsafety.com.au. All complaints will be considered by Kasey Nash, and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.
7. Overseas transfer
Your personal information will not be disclosed to recipients outside of Australian unless you expressly request us to do to. If you request us to transfer your personal information to an overseas recipient, the overseas recipient will not be required to comply with the Australian Privacy Principles, and we will not be liable for any mishandling of your information in such circumstances.
8. How to contact us about privacy
If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practises, you can contact us through: