Terms and Conditions

 

ANTONIO CHARLES PAANS TRADING AS MACHINERY MATE ABN 87 522 685 823 WEBSITE USER AGREEMENT

 

Thank you for visiting Machinery Mate (the Website) (which may be available through other addresses or channels), which is owned by Antonio Charles Paans trading as Machinery Mate ABN 87 522 685 823 (Machinery Mate/we/us/our).

 

These terms and conditions create a contract between the person in whose name the account is created (you) and us, which is comprised of these terms and our Privacy Policy (collectively the Agreement). Please read the Agreement carefully. Permission for the person nominated as the user (the User) to use the application is conditional upon you agreeing to the terms and conditions set out below. By accessing and using this Website, you are agreeing to comply with and be bound by the terms of the Agreement. If you do not wish to accept these terms and conditions, you must not click “I Agree” and the User must not use the application. Notwithstanding the foregoing, any use by the User will be considered to be in accordance with the terms and conditions of this Agreement. To confirm your understanding and acceptance of the Agreement, click “I Agree.” 

 

 

1. THE SERVICES

1.1 The “Content” is, collectively, pre-prepared reports of machinery quality and inspection information (the Reports) and any services, advice, goods, products, content including descriptions, commentary, photographic images and videos and other features made available by us through the Website, including but not limited to any online ordering, booking and/or payment platform.

1.2 Any third party who provides the Content or Reports or who is otherwise associated with Machinery Mate has represented to Machinery Mate that they are professionals with appropriate expertise and experience, however Machinery Mate makes no warranty or guarantee that the third party is appropriately qualified or experienced in relation to the goods or services that they provide.

1.3 Any Content or Reports provided should not be considered to be professional advice specific to the User, and we strongly recommend that you and the User engage appropriate professional advisors prior to acting on the information in any Content or Report. 

1.4 No third party providers are employed by us, nor do we endorse or recommend any third party provider. Specifically, it is up to you to make your own enquiries regarding the provider prior to engaging them to provide any additional services or content (paid or otherwise). 

1.5 Machinery Mate grants to you, and you accept, a non-exclusive, non-transferable, limited licence for the User to use the Content strictly in accordance with this Agreement. 

1.6 The licence provided under this Agreement is personal to you and the User and neither you nor the User may re-sell, sub-license, rent, lease or otherwise distribute the Content. All other rights in respect of the Content are reserved to us.

1.7 The User may only use the Reports and the Content for personal, non-commercial purposes. 

1.8 To use our Content, the User needs compatible hardware, software (latest version recommended and sometimes required) and internet access (fees may apply). Our Content’s performance may be affected by these factors.

1.9 You acknowledge that the terms of agreement with the User’s respective internet and/or mobile network provider (Network Provider) will continue to apply when using the Content. As a result, the User may be charged by the Network Provider for access to network connection services for the duration of the connection while accessing the Content or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or device being used to access the Content, you will be assumed to have received permission from the bill payer for using the Content. 

1.10 Your right for the User to use the Content is subject to your ongoing compliance with all provisions of this Agreement. 

1.11 If you are not the User, you are responsible for and liable for ensuring that the User complies with all provisions of this Agreement, as if they were named as you in it. 

1.12 We may add to, alter, change, temporarily suspend or withdraw partially or completely any parts of the Content and/or the Reports at any time without notice to you, in our sole discretion. 

 

2. TERM OF THE AGREEMENT

2.1 In this clause, the word, ‘Term’ means the period during which the User will have access to the Content, as specified by us at the time at which you complete the User’s registration to obtain the Content. 

2.2 This Agreement will commence immediately upon you clicking on the "I Agree" button and will continue until the end of the Term or until otherwise terminated by us. 

2.3 Machinery Mate may terminate this Agreement at any time by written notice to you if we cease to offer the Content or if you or the User breach any term or condition of this Agreement. 

2.4 Machinery Mate may suspend the User’s access to the Content if any Fees are not paid when they fall due. 

 

3. ADDITIONAL LIMITATIONS OF LIABILITY

3.1 In relation to your use of the Website and Content, the following limitations of liability apply:

(1) you warrant that if you are not the User, that you accept all responsibility and liability for the User’s use of the Content, subject to the terms of this Agreement;

(2) you acknowledge and agree that Machinery Mate will not be liable to you, the User or any other persons for:

(a) your use (or misuse) of the Website Reports or the Content;

(b) any loss or damage of any kind that is directly or indirectly connected to your wrongful, wilful or negligent act or omission; or

(c) any direct, incidental, special or consequential damages, including loss of profits or anticipated profits, even if notified of the possibility of that potential loss or damage,

to the extent it is not directly caused by Machinery Mate’s wilful or negligent act or omission;

(3) to the fullest extent permitted by law, you release Machinery Mate from any claim, loss, damage or other liability incurred by you in relation to your use of the Website, Content or Reports, except to the extent such claim, loss, damage or other liability arises directly as a result of the wilful acts or omissions of Machinery Mate;

(4) Machinery Mate does not represent or guarantee that the Reports, Content or the Website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release Machinery Mate from any liability relating thereto;

(5) you assume full responsibility for backing-up and/or otherwise protecting the User’s data in the Content against loss, damage or destruction; and

(6) Machinery Mate is not responsible for data charges the User may incur in connection with their use of the Content. 

3.2 You indemnify Machinery Mate for:

(1) all losses and expenses we incur (including legal costs on an indemnity basis) we; and

(2) all liabilities we incur;

directly or indirectly caused by, or resulting from any breach of this Agreement or from any wrongful, wilful or negligent act or omission by you or the User. 

3.3 You acknowledge and agree that this Agreement’s limitations of liability in this clause 3 are essential to Machinery Mate and Machinery Mate would not have entered into this Agreement in their absence.

3.4 Any representation, warranty, condition or undertaking that would be implied in this Agreement by legislation, common law, equity, trade, custom or usage is excluded to the fullest extent permitted by law. 

3.5 Despite clause 3.2, nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy conferred on you by the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement. 

3.6 To the fullest extent permitted by law, our liability for a breach of a non-excludable condition or warranty is limited to, at our option:

(1) the supply of the Report or Content provided for under this Agreement; or

(2) the payment of the cost or having the Report or Content supplied again. 

 

4. INTELLECTUAL PROPERTY

4.1 You agree that the Content, including but not limited to the Reports, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Content, contain proprietary information and material that is owned by Machinery Mate and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Content for personal, non-commercial uses in compliance with this Agreement. 

4.2 No portion of the Content or the Reports may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Content or the Reports in any manner, and you shall not exploit the Content or the Reports in any manner not expressly authorised. This clause does not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.

4.3 If you believe that any Programs or Content available through the Services infringes the copyright claimed by you, please contact Machinery Mate. 

 

5. PRICES AND PAYMENT

5.1 Unless otherwise specified, all prices shown in the Website will include GST.

5.2 Machinery Mate may use a payment gateway or other online payment platform (the Payment Platform) for all financial transactions entered into when placing an Order via the Website, and if the Payment Platform is used by Machinery Mate:

(1) you acknowledge that you agree to any terms and conditions relating to a third-party arrangement when using the Payment Platform when placing an Order via the Website; 

(2) Machinery Mate is not able to access your credit card or other financial details and you agree that Machinery Mate will not be held liable for any loss you incur arising from your use of the Payment Platform; and

(3) you acknowledge that any terms and conditions relating to the Payment Platform do not form part of these Terms and Conditions and that any such arrangement creates a separate contract between you and the provider of the Payment Platform to which Machinery Mate is not a party. Machinery Mate cannot be held liable for any loss or damage suffered by you that arises directly or indirectly as a result of your use of the Payment Platform.

5.3 If a payment gateway is not used by Machinery Mate, you agree that payment may be made by any method specified by Machinery Mate and agreed by you, which may include payment by credit card or debit card; 

(1) you acknowledge a surcharge may apply, will be added to all sales; 

(2) this surcharge includes the merchant fee. 

5.4 If you have ‘opted in’ for a monthly subscription you agree that; 

(1) the membership, fee will be charged on a recurring basis in accordance with the frequency and amount specified; and 

(2) ‘the fee’ will be charged to the credit card or other financial details, you have provided on the anniversary each month of your first purchase. 

 

6. IF APPLICABLE TO CLIENT USER ACCOUNTS

6.1 To access certain parts of the Services and/or Content, Users are required to register a user account (Account). You agree that upon registration of an Account:

(1) information supplied will be correct and accurate; 

(2) information provided will be held by Machinery Mate strictly in accordance with our Privacy Policy;

6.2 You agree that you are solely responsible for all actions, posts, comments or other activity which takes place on your Account, including keeping all information safe and secure.

6.3 Machinery Mate may, in Machinery Mate’s sole discretion, terminate, suspend and/or permanently ban your Account or any associated or proposed account if you have breached any of the terms set out in this Agreement, misused the Services in any way, or posted any comments or task requests which are inappropriate, offensive, abusive, disrespectful or otherwise unacceptable to Machinery Mate.

6.4 You release Machinery Mate from any claim, loss, damage or other liability incurred by you in relation to any action taken by Machinery Mate to terminate, suspend and/or permanently ban any Account.

 

7. ORDERS

7.1 Orders placed through the Website are subject to acceptance by us (the Order). Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure.

7.2 Acceptance is subject to payment being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant product or service that is the subject of the Order (the Goods). 

7.3 You acknowledge and agree that:

(1) a contract (which is separate to this Agreement) for the supply of Goods is made when you place an Order for the Goods from Machinery Mate, and that contract is subject to the terms contained in this Agreement

(2) any order placed on a weekend or public holiday may not be processed until the next business day;

(3) Machinery Mate may be unable to supply some or all of the Goods for whatever reason, in which case Machinery Mate may (in Machinery Mate’s sole discretion) substitute those Goods with a similar product, you will not be charged for the Goods ordered, or if you have been charged, you will be refunded;

 

 

8. DEFECTS & WARRANTIES

8.1 Except as expressly set out in this Agreement, Machinery Mate makes no warranties or other representations in relation to the Content.

8.2 You must inspect the Content within twenty-four (24) hours of delivery or as soon as reasonably possible after any such defect becomes evident notify Machinery Mate in writing of any evident defect/damage, shortage in quantity or failure to comply with the description. Upon such notification, Machinery Mate may require that you provide us with photographic evidence of any defect/damage, shortage in quantity or failure to comply with the description. If you fail to provide notification of any defect within twenty-four (24) hours of delivery, you are deemed to have accepted the Content in the condition as delivered.

8.3 To the extent permitted by law, the liability of Machinery Mate in respect of any defect in or damage to the Content is limited to, at the option of Machinery Mate:

(1) procuring a replacement of the Content; or

(2) procuring the payment of the cost of repairing or replacing the Content; or

(3) a refund of any money paid for the Content, less any merchant or administrative fees payable to Machinery Mate.

8.4 Subject to clauses 8.2 and 8.3, returns will only be accepted provided that:

(1) you have complied with the provisions of clause 8.2; and

(2) Machinery Mate has agreed that the Content is defective; and

(3) the Content is returned within a reasonable time and at your cost (if that cost is not significant); and

(4) the Content is returned in the same, or materially the same condition to that in which it was delivered in.

8.5 Notwithstanding anything contained in clause 8.2, if Machinery Mate is required by a law to accept a return then Machinery Mate will only accept a return on the conditions imposed by that law.

8.6 Machinery Mate shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(1) your use of the Content or Reports for any purpose other than that for which they were designed;

(2) your continued use of any Content after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(3) your failure to follow any instructions or guidelines provided by Machinery Mate; or

(4) fair wear and tear, any accident or act of God.

8.7 Nothing in this Agreement is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 (Cth) or any other legislation which may not be excluded, restricted or modified by agreement.

 

9. GENERAL PROVISIONS

9.1 You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to the User’s use of the Services. The User’s use of the Services may also be subject to other laws. 

9.2 You hereby grant Machinery Mate the right to take steps Machinery Mate believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Machinery Mate has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Machinery Mate believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Machinery Mate’s right to cooperate with any legal process relating to your use of the Services, the Programs or the Content, and/or a third-party claim that the User’s use of the Services, the Programs or Content is unlawful and/or infringes such third party's rights).

9.3 A party waives a right under this Agreement only if it does so in writing. We do not waive a right simply because we fail to exercise the right, we delay exercising the right or only exercise part of the right. A waiver of one breach of a term of this Agreement does not operate as a waiver of another breach of the same term or any other term.

9.4 If a provision in this Agreement is wholly or partly invalid or unenforceable in any jurisdiction, that provision or the part of the provision that is invalid or enforceable must, to that extent, and in that jurisdiction, be treated as deleted from this Agreement. This does not affect the validity or enforceability of the remaining provisions in that jurisdiction, or of the deleted provision in any other jurisdiction. If you are a qualified public educational or government institution and any part of this Agreement is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.

9.5 We may assign or otherwise deal with the benefit of any contract made pursuant to this Agreement without your consent.

9.6 Machinery Mate may subcontract with one or more affiliates or third parties to provide any service required to be provided by Machinery Mate under this Agreement, provided that no such use of subcontractors shall relieve Machinery Mate of its obligations under this Agreement.

9.7 You may not assign your rights and obligations under this Agreement under any circumstances without first obtaining our written consent to do so. Any purported assignment not undertaken in accordance with this clause will be invalid.

9.8 All contracts made between us and you shall be governed by and construed in accordance with the laws of the State of Queensland. You agree to submit to the exclusive jurisdiction of the Queensland courts for all purposes of or in connection with such contracts.

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