Terms and Conditions

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  1. Definitions
    1. “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
    2. “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
    3. “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website and can be accessed either by the web server or the client’s computer.If the Customer does not wish to allow Cookies to operate in the background when using Elevate Forklift’s website, then the Customer shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.
    4. “Customer” means the person/s, entities or any person acting on behalf of and with the authority of the Customer requesting Elevate Forklift to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and :
      (a) if there is more than one Customer, is a reference to each Customer jointly and severally; and
      (b) if the Customer is a partnership, it shall bind each partner jointly and severally; and
      (c) if the Customer is a part of a Trust, shall be limited to their capacity as a trustee; and
      (d) includes the Customer’s executors, administrators, successors and permitted assigns.
    5. “Elevate Forklift” means Elevate Forklift & Access Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Elevate Forklift & Access Pty Ltd.
    6. “Equipment” means all Equipment including any accessories supplied on hire or sale by Elevate Forklift to the Customer (and where context so permits shall include any supply of Services). The Equipment shall be as described on the invoices, quotation, authority to hire, hire contract or any other document provided by Elevate Forklift to the Customer.
    7. “Goods” means all Goods supplied by Elevate Forklift to the Customer at the Customer’s request from time to time.
    8. “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
    9. “Price” means the Price payable (plus GST where applicable) for the Goods and/or Equipment hire as agreed between Elevate Forklift and the Customer.
  2. Acceptance
    1. The parties acknowledge and agree that:
      (a) they have read and understood the terms and conditions contained in this Contract; and
      (b) the parties are taken to have exclusively accepted and are immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods/Equipment.
    2. In the event of any inconsistency between the terms of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
    3. Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
    4. The Customer acknowledges and accepts that the supply of Goods/Equipment on credit shall not take effect until the Customer has completed a credit application with Elevate Forklift and it has been approved with a credit limit established for the account.
    5. In the event that the supply of Goods/Equipment requested exceeds the Customer’s credit limit and/or the account exceeds the payment terms, Elevate Forklift reserves the right to refuse delivery.
    6. If Elevate Forklift has been requested by the Customer to diagnose a fault that requires disassembly and/or testing, all costs involved will be charged to the Customer irrespective of whether or not the repair goes ahead.
    7. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14 of the Electronic Transactions (Queensland) Act 2001 or any other applicable provisions of that Act or any Regulations referred to in that Act.
  3. Errors and Omissions
    1. The Customer acknowledges and accepts that Elevate Forklift shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
      (a) resulting from an inadvertent mistake made by Elevate Forklift in the formation and/or administration of this Contract; and/or
      (b) contained in/omitted from any literature (hard copy and/or electronic) supplied by Elevate Forklift in respect of the Services.
    2. In circumstances where the Customer is required to place an order for Goods, in writing, or otherwise as permitted by these terms and conditions, the Customer is responsible for supplying correct order information such as, without limitation, measurements and quantity, when placing an order for Goods (whether they are made to order Goods or not) (“Customer Error”). The Customer must pay for all Goods it orders from Elevate Forklift notwithstanding that such Goods suffer from a Customer Error and notwithstanding that the Customer has not taken or refuses to take Delivery of such Goods. Elevate Forklift is entitled to, at its absolute discretion to waive its right under this sub-clause in relation to Customer Errors.
  4. Change in Control
    1. The Customer shall give Elevate Forklift not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Customer shall be liable for any loss incurred by Elevate Forklift as a result of the Customer’s failure to comply with this clause.
  5. Price and Payment
    1. At Elevate Forklift’s sole discretion, the Price shall be either:
    2. as indicated on any invoice provided by Elevate Forklift to the Customer upon placement of an order for Goods/Equipment; or
    3. Elevate Forklift’s quoted Price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
    4. Elevate Forklift reserves the right to change the Price if a variation to Elevate Forklift’s quotation is requested. Any variation from the plan of scheduled Services or specifications of the Goods beyond Elevate Forklift’s control (including, but not limited to, any variation as a result of increases to Elevate Forklift in the cost of labour, materials or extended hire period) which will be charged for on the basis of Elevate Forklift’s quotation and will be shown as variations on the invoice. The Customer shall be required to respond to any variation submitted by Elevate Forklift within ten (10) working days. Failure to do so will entitle Elevate Forklift to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
    5. At Elevate Forklift’s sole discretion, a reasonable non-refundable deposit may be required upon placement of an order for Goods/Equipment, in accordance with any quotation provided by Elevate Forklift or as notified to the Customer prior to the placement of an order for Goods/Equipment.
    6. Time for payment for the Goods/Equipment being of the essence, the Price will be payable by the Customer on the date/s determined by Elevate Forklift, which may be:
      (a) on completion of the Services; or
      (b) on delivery of the Goods/Equipment; or
      (c) for approved credit account holders, thirty (30) days following the end of the month in which a statement is posted to the Customer’s address or address for notices; or
      (d) the date specified on any invoice or other form as being the date for payment; or
      (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by Elevate Forklift.
    7. Payment may be made by cash, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Customer and Elevate Forklift.
    8. Elevate Forklift may in its discretion allocate any payment received from the Customer towards any invoice that Elevate Forklift determines and may do so at the time of receipt or at any time afterwards. On any default by the Customer Elevate Forklift may re-allocate any payments previously received and allocated. In the absence of any payment allocation by Elevate Forklift, payment will be deemed to be allocated in such manner as preserves the maximum value of Elevate Forklift’s Purchase Money Security Interest (as defined in the PPSA) in the Goods/Equipment.
    9. The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Elevate Forklift nor to withhold payment of any invoice because part of that invoice is in dispute. Once in receipt of an invoice for payment, if any part of the invoice is in dispute, then the Customer must notify Elevate Forklift in writing within three (3) business days, the invoice shall remain due and payable for the full amount, until such time as Elevate Forklift investigates the disputed claim, no credit shall be passed for refund until the review is completed. Failure to make payment may result in Elevate Forklift placing the Customer’s account into default and subject to default interest in accordance with clause 15.1.
    10. Unless otherwise stated the Price does not include GST. In addition to the Price, the Customer must pay to Elevate Forklift an amount equal to any GST Elevate Forklift must pay for any supply by Elevate Forklift under this or any other agreement for the sale of the Goods/hire of the Equipment. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
  6. Delivery of Goods/Equipment
    1. Delivery (“Delivery”) of the Goods/Equipment is taken to occur at the time that:
      (a) the Customer or the Customer’s nominated carrier takes possession of the Goods/Equipment at Elevate Forklift’s address; or
      (b) Elevate Forklift (or Elevate Forklift’s nominated carrier) delivers the Goods/Equipment to the Customer’s nominated address even if the Customer is not present at the address.
    2. The cost of Delivery will be payable by the Customer in accordance with the quotation provided by Elevate Forklift to the Customer, or as otherwise notified to the Customer prior to the placement of an order for Goods/Equipment.
    3. Any time specified by Elevate Forklift for Delivery of the Goods/Equipment is an estimate only and Elevate Forklift will not be liable for any loss or damage incurred by the Customer as a result of Delivery being late. However, both parties agree that they shall make every endeavour to enable the Goods/Equipment to be delivered at the time and place as was arranged between both parties. In the event that Elevate Forklift is unable to supply the Goods/Equipment as agreed solely due to any action or inaction of the Customer, then Elevate Forklift shall be entitled to charge a reasonable fee for redelivery and/or storage.
  7. Risk
    1. Risk of damage to or loss of the Goods passes to the Customer on Delivery, and the Customer must insure the Goods on or before Delivery.
    2. If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Customer, Elevate Forklift is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Elevate Forklift is sufficient evidence of Elevate Forklift’s rights to receive the insurance proceeds without the need for any person dealing with Elevate Forklift to make further enquiries.
    3. If the Customer requests Elevate Forklift to leave Goods outside Elevate Forklift’s premises for collection or to deliver the Goods to an unattended location, then such Goods shall be left at the Customer’s sole risk.
    4. The Customer acknowledges and agrees that where Elevate Forklift has performed temporary repairs on the Goods that:
      (a) Elevate Forklift offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
      (b) Elevate Forklift will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair of the Goods.
    5. The Customer acknowledges that:
      (a) Elevate Forklift is only responsible for parts that are repaired/replaced by Elevate Forklift, and that in the event that other components subsequently fail, the Customer agrees to indemnify Elevate Forklift against any loss or damage to the Goods, or caused by the components, or any part thereof howsoever arising; and
      (b) it is the Customer’s sole responsibility to ensure the Goods are insured adequately or at all.
  8. Inspection of Repair Work
    1. The Customer may inspect repair work at Elevate Forklift’s premises during standard business hours. In accordance with clause 7.5, while the Equipment or Goods is in Elevate Forklift’s possession for repair, Elevate Forklift will take reasonable care but does not accept liability for any incidental damage unless caused by negligence.
  9. Compliance with Laws
    1. The Customer and Elevate Forklift shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.
  10. Title to Goods
    1. Elevate Forklift and the Customer agree that the ownership of the Goods shall not pass until:
    2. Elevate Forklift and the Customer agree that ownership of the Goods shall not pass until:
      (a) the Customer has paid Elevate Forklift all amounts owing to Elevate Forklift; and
      (b) the Customer has met all of its other obligations to Elevate Forklift.
    3. Receipt by Elevate Forklift of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
    4. It is further agreed that until ownership of the Goods passes to the Customer in accordance with clause 10.1:
      (a) the Customer is only a bailee of the Goods and must return the Goods to Elevate Forklift on request;
      (b) the Customer holds the benefit of the Customer’s insurance of the Goods on trust for Elevate Forklift and must pay to Elevate Forklift the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;
      (c) the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for Elevate Forklift and must pay or deliver the proceeds to Elevate Forklift on demand;
      (d) the Customer must not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of Elevate Forklift and must sell, dispose of or return the resulting product to Elevate Forklift as it so directs;
      (e) the Customer irrevocably authorises Elevate Forklift to enter any premises where Elevate Forklift believes the Goods are kept and recover possession of the Goods;
      (f) Elevate Forklift may recover possession of any Goods in transit whether or not Delivery has occurred;
      (g) the Customer shall not charge or grant any other encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Elevate Forklift; and
      (h) Elevate Forklift may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.
  11. Personal Property Securities Act 2009 (“PPSA”)
    1. In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
    2. Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods/Equipment and/or collateral (account) – being a monetary obligation of the Customer to Elevate Forklift for Services – that have previously been supplied and that will be supplied in the future by Elevate Forklift to the Customer.
    3. The Customer undertakes to:
      (a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Elevate Forklift may reasonably require to:
      (i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
      (ii) register any other document required to be registered by the PPSA; or
      (iii) correct a defect in a statement referred to in clause 11.3 (a)(i) or 11.3 (a)(ii).
      (b) indemnify, and upon demand reimburse, Elevate Forklift for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods/Equipment charged thereby;
      (c) not register a financing change statement in respect of a security interest without the prior written consent of Elevate Forklift;
      (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods/Equipment and/or collateral (account) in favour of a third party without the prior written consent of Elevate Forklift; and
      (e) immediately advise Elevate Forklift of any material change in its business practices of selling Goods which would result in a change in the nature of proceeds derived from such sales.
    4. Elevate Forklift and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
    5. The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
    6. The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
    7. Unless otherwise agreed to in writing by Elevate Forklift, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
    8. The Customer must unconditionally ratify any actions taken by Elevate Forklift under clauses 11.2 to 11.5.
    9. Subject to any express provisions to the contrary (including those contained in this clause 11), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
    10. Only to the extent that the hire of the Equipment exceeds a two (2) year hire period with the right of renewal shall clause 11 apply as a security agreement in the form of a PPS Lease in respect of Section 20 of the PPSA, in all other matters this clause 11 will apply generally for the purposes of the PPSA.
  12. Security and Charge
    1. In consideration of Elevate Forklift agreeing to supply the Goods/Equipment, the Customer grants Elevate Forklift a security interest by way of a floating charge (registerable by Elevate Forklift pursuant to the PPSA) over all of its present and after acquired rights, title and interest (whether joint or several) in all other assets that it is now owned by the Customer or owned by the Customer in the future, to the extent necessary to secure the repayment of monies owed under this Contract for provision of the Goods/Equipment under this Contract and/or permit Elevate Forklift to appoint a receiver to the Customer in accordance with the Corporations Act 2001 (Cth).
    2. The Customer indemnifies Elevate Forklift from and against all Elevate Forklift’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Elevate Forklift’s rights under this clause.
    3. In the event that the Customer defaults or breaches any term of this Contract and as a result, the security provided in clauses 10.1, 11.2 and 12.1 as applicable, is deemed insufficient by Elevate Forklift to secure the repayment of monies owed to Elevate Forklift, the Customer hereby grants Elevate Forklift a security interest as a charge over the default by way of a charge, that enables the right and entitlement to lodge a caveat over any real property or land owned by the Customer now, or owned by the Customer in the future, to secure the performance of the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
  13. Defects, Warranties and Returns, Competition and Consumer Act 2010 (“CCA”)
    1. The Customer must inspect the Goods/Equipment on Delivery and must within twenty-four (24) hours of Delivery notify Elevate Forklift in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods/Equipment as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow Elevate Forklift to inspect the Goods/Equipment.
    2. Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
    3. Elevate Forklift acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
    4. Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Elevate Forklift makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods/Equipment. Elevate Forklift’s liability in respect of these warranties is limited to the fullest extent permitted by law.
    5. If the Customer is a consumer within the meaning of the CCA, Elevate Forklift’s liability is limited to the extent permitted by section 64A of Schedule 2.
    6. If Elevate Forklift is required to replace the Goods under this clause or the CCA, but is unable to do so, Elevate Forklift may refund any money the Customer has paid for the Goods.
    7. If the Customer is not a consumer within the meaning of the CCA, Elevate Forklift’s liability for any defect or damage in the Goods is:
      (a) limited to the value of any express warranty or warranty card provided to the Customer by Elevate Forklift at Elevate Forklift’s sole discretion;
      (b) limited to any warranty to which Elevate Forklift is entitled, if Elevate Forklift did not manufacture the Goods; and/or
      (c) otherwise negated absolutely.
    8. Subject to this clause 13, returns will only be accepted provided that:
      (a) prior written consent of Elevate Forklift has been received;
      (b) the Customer has complied with the provisions of clause 13.1; and
      (c) Elevate Forklift has agreed that the Goods are defective; and
      (d) the Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and
      (e) the Goods are returned in as close a condition to that in which they were delivered as is possible.
    9. Credit will only be issued if the returned Goods are found to be defective and the return complies with Elevate Forklift’s return policy.
    10. Notwithstanding clauses 13.1 to 13.8 but subject to the CCA, Elevate Forklift shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
      (a) the Customer failing to properly maintain or store any Goods/Equipment;
      (b) the Customer using the Goods/Equipment for any purpose other than that for which they were designed;
      (c) the Customer continuing the use of the Goods/Equipment after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
      (d) the Customer failing to follow any instructions or guidelines provided by Elevate Forklift; and/or
      (e) fair wear and tear, any accident, or act of God.
    11. In the case of second-hand Goods, unless the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity to inspect the second-hand Goods prior to Delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by Elevate Forklift as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that Elevate Forklift has agreed to provide the Customer with the second-hand Goods and calculated the Price of the second-hand Goods in reliance of this clause 13.11.
    12. Notwithstanding anything contained in this clause 13 if Elevate Forklift is required by a law to accept a return, then Elevate Forklift will only accept a return on the conditions imposed by that law.
  14. Intellectual Property
    1. Where Elevate Forklift has designed, drawn or developed Goods for the Customer, then the copyright in any designs and drawings and documents shall remain the property of Elevate Forklift. Under no circumstances may such designs, drawings and documents be used without the express written approval of Elevate Forklift.
    2. The Customer warrants that all designs, specifications or instructions given to Elevate Forklift will not cause Elevate Forklift to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify Elevate Forklift against any action taken by a third party against Elevate Forklift in respect of any such infringement.
    3. The Customer agrees that Elevate Forklift may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which Elevate Forklift has created for the Customer.
  15. Default and Consequences of Default
    1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Elevate Forklift’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    2. If the Customer owes Elevate Forklift any money, the Customer shall indemnify Elevate Forklift from and against all costs and disbursements:
      (a) incurred; and/or
      (b) which would be incurred and/or
      (c) for which by the Customer would be liable;
      in regard to legal costs on a solicitor and own client basis incurred in exercising Elevate Forklift’s rights under these terms and conditions, internal administration fees, Elevate Forklift’s Contract fees owing for breach of these terms and conditions’, including, but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank dishonour fees.
    3. Further to any other rights or remedies Elevate Forklift may have under this Contract, if a Customer has made payment to Elevate Forklift,and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to anyfurther costs incurred by Elevate Forklift under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this Contract.
    4. Without prejudice to Elevate Forklift’s other remedies at law Elevate Forklift shall be entitled to cancel all or any part of any order of theCustomer which remains unfulfilled and all amounts owing to Elevate Forklift shall, whether or not due for payment, become immediatelypayable if:
      (a) any money payable to Elevate Forklift becomes overdue, or in Elevate Forklift’s opinion the Customer will be unable to make a payment when it falls due;
      (b) the Customer has exceeded any applicable credit limit provided by Elevate Forklift;
      (c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
  16. Cancellation
    1. Without prejudice to any other remedies the parties may have, if at any time either party is in breach of any obligation (including those relating to payment) under these terms and conditions (“the Breaching Party”) the other party may suspend or terminate the supply or delivery of Goods/Equipment to the other party. The other party will not be liable for any loss or damage the Breaching Party may suffer because the other party has exercised its rights under this clause 16.1.
  17. Privacy and Credit Information
    1. Notwithstanding clause 17.1, privacy limitations will extend to Elevate Forklift in respect of Cookies where the Customer utilises Elevate Forklift’s website to make enquiries. Elevate Forklift agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Customer’s:
      (a) IP address, browser, email client type and other similar details;
      (b) tracking website usage and traffic; and
      (c) reports are available to Elevate Forklift when Elevate Forklift sends an email to the Customer, so Elevate Forklift may collect and review that information (“collectively Personal Information”).
      If the Customer consents to Elevate Forklift’s use of Cookies on Elevate Forklift’s website and later wishes to withdraw that consent, the Customer may manage and control Elevate Forklift’s privacy controls via the Customer’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.
    2. The Customer agrees for Elevate Forklift to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Customer in relation to credit provided by Elevate Forklift.
    3. The Customer agrees that Elevate Forklift may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:
      (a) to assess an application by the Customer; and/or
      (b) to notify other credit providers of a default by the Customer; and/or
      (c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
      (d) to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two years.
    4. The Customer consents to Elevate Forklift being given a consumer credit report to collect personal credit information relating to any overdue payment on commercial credit.
    5. The Customer agrees that personal credit information provided may be used and retained by Elevate Forklift for the following purposes (and for other agreed purposes or required by):
      (a) the provision of Goods/Equipment; and/or
      (b) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods/Equipment; and/or
      (c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
      (d) enabling the collection of amounts outstanding in relation to the Goods/Equipment.
    6. Elevate Forklift may give information about the Customer to a CRB for the following purposes:
      (a) to obtain a consumer credit report; and/or
      (b) allow the CRB to create or maintain a credit information file about the Customer including credit history.
    7. The information given to the CRB may include:
      (a) Personal Information as outlined in 17.3 above;
      (b) name of the credit provider and that Elevate Forklift is a current credit provider to the Customer;
      (c) whether the credit provider is a licensee;
      (d) type of consumer credit;
      (e) details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
      (f) advice of consumer credit defaults (provided Elevate Forklift is a member of an approved OAIC External Disputes Resolution Scheme), overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and Elevate Forklift has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
      (g) information that, in the opinion of Elevate Forklift, the Customer has committed a serious credit infringement; and/or
      (h) advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
    8. The Customer shall have the right to request (by e‑mail) from Elevate Forklift:
      (a) a copy of the Personal Information about the Customer retained by Elevate Forklift and the right to request that Elevate Forklift correct any incorrect Personal Information; and
      (b) that Elevate Forklift does not disclose any Personal Information about the Customer for the purpose of direct marketing.
    9. Elevate Forklift will destroy Personal Information upon the Customer’s request (by e‑mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
    10. The Customer can make a privacy complaint by contacting Elevate Forklift via e‑mail. Elevate Forklift will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au.
  18. Unpaid Seller’s Rights
    1. Where the Customer has left any item with Elevate Forklift for repair, modification, exchange or for Elevate Forklift to perform any other service in relation to the item and Elevate Forklift has not received or been tendered the whole of any monies owing to it by the Customer, Elevate Forklift shall have, until all monies owing to Elevate Forklift are paid:
      (a) a lien on the item; and
      (b) the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.
    2. The lien of Elevate Forklift shall continue despite the commencement of proceedings, or judgment for any monies owing to Elevate Forklift having been obtained against the Customer.
  19. Equipment Hire
    1. Equipment shall at all times remain the property of Elevate Forklift and is returnable on demand by Elevate Forklift. In the event that Equipment is not returned to Elevate Forklift in the condition in which it was delivered Elevate Forklift retains the right to charge the Customer the full cost of repairing the Equipment. In the event that Equipment is not returned at all Elevate Forklift shall have right to charge the Customer the full cost of replacing the Equipment.
    2. The Customer shall:
      (a) satisfy itself at commencement that the Equipment is suitable for its purposes;
      (b) notify Elevate Forklift immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Customer is not absolved from the requirements to safeguard the Equipment by giving such notification;
      (c) maintain the Equipment as is required by Elevate Forklift (including, but not limited to, maintaining water, oil and fluid levels and tyre pressures);
      (d) operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instruction whether supplied by Elevate Forklift or posted on the Equipment;
      (e) keep the Equipment in their own possession and control and shall not assign the benefit of the Equipment nor be entitled to a lien over the Equipment;
      (f) not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment;
      (g) keep the Equipment, complete with all parts and accessories, clean and in good order as delivered, and shall comply with any maintenance schedule as advised by Elevate Forklift to the Customer;
      (h) be liable for any parking or traffic infringement, impoundment, towage and storage costs incurred during the hire period and will supply relevant details as required by the Police and/or Elevate Forklift relating to any such matters or occurrences;
      (i) comply with all work health and safety laws relating to the Equipment and its operation;
      (j) on termination of the hire, deliver the Equipment complete with all parts and accessories, clean and in good order as delivered, fair wear and tear accepted, to Elevate Hire;
      (k) employ the Equipment solely in its own work and shall not permit the Equipment or any part thereof to be used by any other party for any other work; and
      (l) indemnify and hold harmless Elevate Forklift in respect of all claims arising out of the Customer’s use of the Equipment; and
      (m) ensure that:
      (i) all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed to operate the Equipment and shall provide evidence of the same to Elevate Forklift upon request;
      (ii) the operator of any Equipment is not under the influence of alcohol or any drug that may impair their ability to operate the Equipment;
      (iii) all reasonable care is taken by the Customer to safeguard the Equipment and that the Equipment is left locked and/or securely stored when not in use.
    3. If the Equipment is fitted with a weight gauge, it is the Customer’s responsibility to ensure its recalibration as required.
    4. The Customer accepts full responsibility for the safekeeping of the Equipment and the Customer agrees to insure, or self‑insure, Elevate Forklift’s interest in the Equipment and agrees to indemnify Elevate Forklift against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property or persons arising out of the use of the Equipment. Further the Customer will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.
    5. Notwithstanding the above clause, immediately on request by Elevate Forklift the Customer will pay:
      (a) any lost hire charges Elevate Forklift would have otherwise been entitled to for the Equipment, under this, or any other hire agreement; and
      (b) any insurance excess payable in relation to a claim made by either the Customer or Elevate Forklift in relation to any damage caused by, or to, the hire Equipment whilst the same is hired by the Customer and irrespective of whether charged by the Customer’s insurers or Elevate Forklift’s.
    6. Return of the Equipment (“Return”) will be completed when:
      (a) Equipment is returned by the Customer to Elevate Forklift’s place of business; or
      (b) Elevate Forklift takes back possession of the Equipment once collection by Elevate Forklift is affected.
  20. Sale of Second‑Hand Equipment
    1. The Customer acknowledges and agrees that:
      (a) the Customer has been given a reasonable opportunity to inspect the Equipment prior to purchase;
      (b) the Equipment is sold on an “as‑is” basis, which may include existing defects or faults. No warranty is provided unless expressly stated in writing;
      (c) the general terms and conditions outlined above also apply to the sale of second‑hand Equipment; and
      (d) Elevate Forklift is not liable for any loss or damage to the Equipment, or for any loss or damage arising from the use of the Equipment, except where required by law and in accordance with clause 13.
  21. Service of Notices
    1. Any written notice given under this Contract shall be deemed to have been given and received:
      (a) by handing the notice to the other party, in person;
      (b) by leaving it at the address of the other party as stated in this Contract;
      (c) by sending it by registered post to the address of the other party as stated in this Contract;
      (d) if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission; or
      (e) if sent by email to the other party’s last known email address.
    2. Any notice given under this Contract shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of transmission it would have been delivered.
  22. Trusts
    1. If the Customer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust or as an agent for a trust (“Trust”) then whether or not Elevate Forklift may have notice of the Trust, the Customer covenants with Elevate Forklift as follows:
      (a) the Contract extends to all rights of indemnity which the Customer now or subsequently may have against the Trust, the trustees and the trust fund;
      (b) the Customer has full and complete power and authority under the Trust or from the Trustees of the Trust as the case may be to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Customer against the Trust, the trustees and the trust fund. The Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
      (c) the Customer will not during the term of the Contract without consent in writing of Elevate Forklift (Elevate Forklift will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
      (i) the removal, replacement or retirement of the Customer as trustee of the Trust;
      (ii) any alteration to or variation of the terms of the Trust;
      (iii) any advancement or distribution of capital of the Trust; or
      (iv) any resettlement of the trust fund or trust property.
  23. General
    1. Any dispute or difference arising as to the interpretation of these terms and conditions or as to any matter arising herein, shall be submitted to, and settled by, mediation before resorting to any external dispute resolution mechanisms (including arbitration or court proceedings) by notifying the other party in writing setting out the reason for the dispute. The parties shall share equally the mediator’s fees. Should mediation fail to resolve the dispute, the parties shall be free to pursue other dispute resolution avenues.
    2. The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, that provision shall be severed from this Contract, and the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    3. These terms and conditions and any Contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts in Brisbane, Queensland. These terms prevail over all terms and conditions of the Customer (even if they form part of the Customer’s purchase order).
    4. Elevate Forklift may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Customer’s consent provided the assignment does not cause detriment to the Customer.
    5. The Customer cannot licence or assign without the written approval of Elevate Forklift.
    6. Elevate Forklift may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Customer agrees and understands that they have no authority to give any instruction to any of Elevate Forklift’s sub‑contractors without the authority of Elevate Forklift.
    7. The Customer agrees that Elevate Forklift may amend their general terms and conditions for subsequent future Contracts with the Customer by disclosing such to the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or otherwise at such time as the Customer makes a further request for Elevate Forklift to provide Goods/Equipment to the Customer.
    8. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock‑out, industrial action, fire, flood, storm, national emergency, pandemics and/or the implementation of regulation, directions, rules, local or worldwide government closures or restrictions, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc. (“Force Majeure”) or other event beyond the reasonable control of either party. If a Force Majeure event occurs that does not give rise to a liability for the Customer to make a payment to Elevate Forklift, once the parties agree that the Force Majeure event has ceased.
    9. Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.
    10. The rights and obligations of the parties will merge on completion of the transaction contemplated by this Contract, and they will survive the end of this Contract.
    11. If all or any part of any term of this Contract is or becomes invalid, unlawful or unenforceable, such terms shall be severed from this Contract and shall not affect the validity and enforceability of the remaining provisions.
The use of this Website is subject to these Terms and Conditions (inclusive of Our standard Terms and Conditions for the supply of Goods and Services, Privacy Policy, Refund Policy and any other documents referred to herein) which constitute the full agreement between You and Us.
Please read these Terms and Conditions carefully before You use this Website.
By using the Website, You indicate that You have, effective upon the date on which You have used the Website, read, accepted and agreed to be bound by these Terms and Conditions.
If You do not agree with these Terms and Conditions, You should cease using the Website immediately.

Definitions
“Agreement” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Agreement.

“We”, “Us”, or “Ourselves” means Elevate Forklift & Access Pty Ltd.

“You”, “Your” or “Yourself” means any person (end user) being of the legal age of eighteen (18) years.

“Incidental Items” means goods and/or services that may be purchased off shop menu lists for the Website to be supplied and/or provided by Us to You, as specified on Our Website.

“Website” means a location which is accessible on the Internet through the World Wide Web and which provides multimedia content via a graphical User Interface.

“Prohibited Content” means any content or any advertising media that:

(a) is, or could reasonably be considered to be, in breach of the Broadcasting Services Act 1992; the Fair Trading Acts of the applicable States and Territories of Australia and the Competition and Consumer Act 2010 (CCA); or any other applicable law or applicable industry code; or

(b) contains, or could reasonably be considered to contain, any misrepresentations; or, is or could reasonably be considered to be, misleading or deceptive; or

(c) is, or could reasonably be considered to be, in breach of any relevant Intellectual Property Rights (including, but not limited to, the distribution of digital files or any other material in which We do not own the copyright).

“Personal Information” means information that is used to identify You, directly or indirectly. Examples of Personal Information may include, but are not limited to, first and last name, date of birth, email address, current postal address, gender, occupation, and/or demographic information.

“Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Agreement, a party’s Intellectual Property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, Our information and pricing details.

Acceptance

We reserve the right to change any of the Terms and Conditions displayed on this Website (including our Privacy Policy) at any time by notifying You through this Website that We have done so. By continuing to use this Website it shall be deemed that You agree to be bound by the amended terms and conditions as notified and posted on the Website.

If You intend to transact through this Website (i.e. purchase goods and/or services) then You warrant that You are at least 18 years of age, that You have the power to enter into this Agreement and You acknowledge that this Agreement creates binding and valid legal obligations upon You.

Compliance with Laws

You agree to comply with any law that Your use of this Website will comply with all applicable laws and regulations (including but not limited to, EU Data Protection Laws, including the European Data Protection Regulation (“GDPR”), any national implementing laws, regulations and secondary legislation, EU Data Privacy Laws and the Australian Privacy Policy Act 1988 (including the Privacy Amendment (Notifiable Data Breaches) Act 2017) or any other applicable laws).

Privacy Policy

We are committed to protecting Your Privacy in accordance with Australian Privacy Principles. You also recognise that when You choose to provide Us with information about Yourself that You trust Us to act responsibly and in Your best interests. We will not disclose Your Personal Information to any third party without Your prior permission.

Our Privacy Policy, which sets out how We will use Your information, can be viewed on this Website. By using this Website, You consent to the processing of information as described therein and warrant that all data provided by You is accurate.

Storing Your Information

We will take all reasonable steps to ensure that Your information held by Us is accurate up-to-date, complete, applicable, not misleading and will not use it for any purposes other than for which it was collected. We will maintain security safeguards to protect Your information and will take all reasonable steps to ensure that Your information is not disclosed to any unauthorised persons or organisations.

Securing Your Information

When making a transaction through this Website Your information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that Your information cannot be read by or altered by outside influences.

Information We Collect

When You request Goods or Services We may collect Personal Information supplied by You when You complete an online form in order to facilitate the purchase of Goods and/or Services. Such information will enable Us to process Your transactions efficiently, analyse our Website services and enable Us to provide a higher level of customer service (which may include informative or promotional activities).

We may also collect the following information/tracking data for statistical purposes and to help Us understand how to make Our Website more available and user friendly for You and to measure the success of any advertising activities We may undertake:

(a) Your IP address.

(b) The date and time of Your visits to Our Website.

(c) Your clicks and activity on this Website.

(d) The referring Website if any through which You clicked through to this Website.

(e) Technical information on Your browser, device and operating systems.

Information We Release

We will only release information about You as authorised by Yourself, required by law or where required in order for Us to provide Goods or Services to Yourself e.g. to third party suppliers, or delivery companies. Where supplied to such third parties the information provided will only be sufficient for the third party to perform their services and may not be used by them for any other purpose.

We will not release Your information for any purpose which You could reasonably expect Us not to release the information.

Except as detailed above We do not share, give, sell, rent, or lease information to third parties and Your Personal Information will only be disclosed to those employees within Our organisation who have a need to know in order to ensure You are provided with information about Our Goods and Services or to request Goods and Services through this Website.

Under the Privacy Act legislation You can ask to see any information We may hold about You and You also have the right to have any inaccuracies in the same corrected by Us. We will comply with any such requests to the extent required by the Privacy Act legislation within fourteen (14) days of the receipt of Your request. We may ask You to verify your identity in order to help Us respond efficiently to your request.

Other Data Protection Rights

You may have the following data protection rights:

(a) To access, correct, update or request deletion of Personal Information. We will take all reasonable steps to ensure that the data We collect is reliable for its intended use, accurate, complete and up to date.

(b) In addition, individuals who are residents of the European Economic Area “EEA” can object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. You can exercise these rights by contacting Us using the contact details provided in the “Questions and Concerns” section below.

(c) Similarly, if Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing Your consent will not affect the lawfulness of any processing We conducted prior to Your withdrawal, nor will it affect processing of Your Personal Information conducted in reliance on lawful processing grounds other than consent.

(d) The right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

Questions & Concerns

If You have any questions or comments, or if You have a concern about the way in which We have handled any privacy matter, please contact Us via email, post or the contact section of this website.

Attention: Privacy Officer
Email Address: accounts@elevateforklift.com.au
Postal Address: 26 Herbert Street
Slacks Creek QLD 4127
Cookies
We and Our partners may use various technologies to collect and store information when You use this Website, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. These web beacons track certain behavior such as whether the email sent through the Website was delivered and opened and whether links within the email were clicked. They also allow Us to collect information such as the recipient’s:

  • IP address, browser, email client type and other similar details;
  • Tracking of Website usage and traffic;
  • Reports are available to Us when We send an email to You, so We may collect and review that information. /li>

These cookies do not read Your hard drive but may be stored on Your hard drive to enable Our Website to recognise You when You return to the same.

Mailing Lists

If at any time You are on a mailing list of Ours then You may request to be removed from the same and We will comply with Your request if there is no unsubscribe button provided then please contact Us with Your request using the “Contact Us” section of this Website.

Returns, Damaged or Defective Goods

Our policy in relation to Returns, Damaged or Defective Goods shall be as specified in Our standard Terms and Conditions for the supply of Goods and Services. We shall not accept returns or change for mind if You make a wrong decision unless due to our negligence or incorrect information supplied by Ourselves.

Copyright and Trademarks

The contents of this Website are at all times the copyright or trademark property of either Ourselves, Our suppliers or linked third parties and You may not distribute, reproduce, display, publish any trademark or other content of this Website for any purpose whatsoever without the prior written approval of Us, Our suppliers or linked third parties (each as applicable). Furthermore, You agree to indemnify Us against any claims, costs, damages or losses incurred by Us should You fail to comply with this clause.

Advertisers and Linked Sites
The display on Our Website of any advertiser or the provision of a link to third party Websites does not constitute Our endorsement of either the advertiser or third‑party provider or any of their Website content (including but not limited to, any Prohibited Content) or business practices. As We do not have any control of the content of any third party Websites, access to such Websites is at Your sole risk and We recommend that You thoroughly review the terms and conditions of use and the Privacy policies of any third party Website immediately once You access such a Website.

We shall accept no liability in regards to any dealings, promotions or activities between Yourself and advertisers or third‑party providers.

Specifications and Information

Specifications and information provided on this Website are given in good faith based on Our knowledge, experience, or information provided to Us by manufacturers and/or suppliers, or derived from sources believed to be accurate at the time the information is received by Us. You acknowledge that We recommend if You have any concerns as to the suitability of Goods or Services provided through this Website in respect of the use of the Goods or Services or their suitability for a particular use that You contact Us or seek relevant professional opinion.

You acknowledge and accept that colours of items displayed on the Website may not reflect the true and actual colour of such items as this may be affected by external influences such as the quality of images supplied to Us for use, or the quality, age or settings on Your monitor. If colour is a major factor in Your decision making We recommend You contact Us before purchase.

On‑Line Ordering

Display on this Website does not guarantee the availability of any particular Good(s) therefore all orders placed through this Website shall be subject to confirmation of acceptance by Us. Orders for Services shall be subject to confirmation of suitable timetables between You and Ourselves for provision of the Services.

Continuous Service

Due to the inherent nature of Websites We cannot guarantee uninterrupted or continuous availability of this Website and You accept that the Website may also be unavailable from time to time for maintenance or scheduled upgrades. Where We shall give You advanced warning of any such maintenance or unavailability where possible. We shall not be liable in relation to Website downtime whether scheduled or otherwise.

Termination of Use

These terms and Your access to Our Website may be terminated by Us (at Our sole discretion) at any time without notice or any requirement to give You a reason why. In the event of termination under this clause We shall have no liability to You whatsoever (including for any consequential or direct loss You may suffer.

Jurisdiction

This Website (including any linked third‑party sites) is controlled by Us from Our principal business premises in Australia. Our servers are located in Queensland, so Your information may be transferred to, stored, or processed in Australia. It can be accessed from countries around the world to the extent permitted by the Website. As each country has laws that may differ from Australia, by accessing this Website, You agree that the laws and statutes of Australia shall apply to any dealings, actions or claims arising out of, or in relation to, this Agreement, or Your use of this Website, irrespective of any conflict with any laws and statutes applicable to Your country of domicile.

In addition, We or Our subcontractors may use cloud technology to store or process Personal Information, which may result in storage of data outside Australia. It is not practicable for Us to specify in advance which country will have jurisdiction over this type of offshore activity. All of Our subcontractors, however, are required to comply with the Australian Privacy Act in relation to the transfer or storage of Personal Information overseas.

You further acknowledge and agree that the filing of a claim against Us (if any) must be made in the State of QLD in which Our principal business premises in Australia is domiciled, and that any legal proceedings will be conducted in English.

We make no representation that Goods or Services offered through this Website are appropriate, available or suitable for use in countries outside of Australia, and accessing any material or content from, or through, this Website which is illegal in Your country of domicile is strictly prohibited.

General

The failure by either contracting party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

We shall be under no liability whatsoever to You for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by You arising out of a breach by Us of these terms and conditions (alternatively Our liability shall be limited to damages which under no circumstances shall exceed the Fee of the Services).

Message Boards: We provide Message Boards for the use of Our Website users. The Message Boards may not be used to promote Websites or any commercial or business activity. We are not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board You agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.

Feedback: Feedback is provided for the purpose of facilitating trading by You on Our Website. Feedback provided on other parties must not contain offensive, defamatory, retaliatory or inappropriate language or content. We may remove any feedback that is considered to be offensive, defamatory, retaliatory or inappropriate.

You may only give feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.

You must not post feedback about Yourself or include any contact details or Personal Information in Your feedback.

Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock‑out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

Address
2/6 Herbert Street, Slacks Creek, QLD, 4127
Call Us
1300 503 525
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