Terms of service

1. About these terms

These terms of service govern your access to and use of the website at coolderryciviltec.site. By using this website you agree to these terms. If you do not agree with them, please do not use the site.

Where we are separately engaged to carry out civil works, the contract for those works — including any quotation, scope, purchase order or written agreement — sets out the terms that apply to the works. If there is any inconsistency between that contract and these terms, that contract prevails in relation to the works.

2. Who we are

This website is operated by Coolderry Civil Pty Ltd (ABN 91 700 023 132, ACN 700 023 132), an Australian proprietary company registered in Western Australia. In these terms, "we", "us" and "our" mean Coolderry Civil Pty Ltd, and "you" means the person accessing the site.

3. Using this website

You may view, download and print material from this website for your own information and for the purpose of considering, requesting or managing civil works with us. You must not:

• use the site for any unlawful purpose, or in a way that breaches any Australian law;
• attempt to gain unauthorised access to the site, its hosting infrastructure or any connected system;
• interfere with the site's operation, or introduce malicious code to it;
• use automated means to scrape, harvest or systematically copy the site's content; or
• reproduce, republish or commercially exploit the site's content except as permitted in clause 6.

4. Website content is information, not an offer

The descriptions of services on this site are general information about the kinds of civil work we undertake. They are not an offer capable of acceptance, a warranty about what we will do on a particular site, or advice you should rely on in place of engineering, surveying or legal advice for your project.

We take care to keep the site accurate and current, but we do not warrant that it is complete, error-free or up to date at any given moment. Always confirm the position with us in writing before relying on it.

5. Quotations, scope and works

A quotation is only binding on us when it is issued by us in writing. Unless it says otherwise:

• a quotation is valid for 30 days from its date;
• it is based on the drawings, levels, survey data and site information available to us when it was prepared;
• it covers only the inclusions expressly listed, and excludes anything listed as an exclusion; and
• it assumes reasonable access to the site and the ground conditions reasonably expected from the information provided.

Latent conditions — including unexpected rock or limestone, contaminated or unsuitable material, undisclosed services, groundwater, or restricted access — may change the scope, the programme and the price. Where that happens we will notify you and agree a variation in writing before carrying out the affected work, unless doing so is impracticable because of an immediate safety risk.

Payment terms, retention, defects liability and any security of payment entitlements are those set out in the written contract for the works.

6. Intellectual property

All content on this website — including text, layout, page design, the stylesheet, drawings, diagrams, icons and the Coolderry Civil name and wordmark — is owned by us or used by us under licence, and is protected by the Copyright Act 1968 (Cth) and other applicable Australian laws.

Apart from the limited use permitted in clause 3, you may not copy, adapt, reproduce, distribute, frame or create derivative works from any part of this site without our prior written consent.

Drawings, designs, survey data and other documents supplied to us by a client remain the property of that client or its consultants. We use them only for the purpose of pricing and carrying out the works.

7. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Where the Australian Consumer Law applies, you are entitled to a replacement or refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have services remedied if they are not supplied with due care and skill, and, if the failure does not amount to a major failure, to cancel the contract and obtain a refund of any unused portion.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy conferred by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

8. Limitation of liability

Subject to clause 7, and to the maximum extent permitted by law:

• we exclude all conditions, warranties and guarantees that would otherwise be implied into these terms;
• we are not liable for any indirect, special or consequential loss, or for loss of profit, revenue, contract, opportunity, production, anticipated savings, data or goodwill, however caused;
• we are not liable for any loss arising from your use of, or inability to use, this website, or from reliance on information published on it; and
• where our liability may lawfully be limited in respect of services, our liability is limited, at our option, to resupplying the services or paying the cost of having them resupplied.

Nothing in this clause limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be limited under Australian law.

9. Indemnity

You indemnify us against any loss, damage, cost or expense we reasonably incur arising from your breach of these terms or your unlawful or negligent use of this website. This indemnity is reduced to the extent that our own negligent act or omission contributed to the loss.

10. Third-party links and references

This site may refer to regulators, standards bodies or other organisations. Any such reference is provided for convenience only. We do not control those organisations or their material, and a reference is not an endorsement or an assumption of responsibility for their content.

11. Availability of the website

We aim to keep this website available, but we do not guarantee uninterrupted or error-free access. The site may be unavailable during maintenance, or because of a failure in hosting, network or other services outside our control. We may change, suspend or withdraw any part of the site at any time without notice.

12. Termination and suspension

We may suspend or terminate your access to this website immediately, without notice, if we reasonably believe you have breached these terms, used the site unlawfully, or acted in a way that risks harm to the site, to us or to other users.

Termination does not affect any right or liability that accrued before it took effect. Clauses 6, 7, 8, 9, 14 and 15 survive termination.

Termination of a contract for civil works is governed by that contract, not by this clause.

13. Privacy

We handle personal information in accordance with our privacy policy, which forms part of these terms and explains our obligations under the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

14. Governing law and jurisdiction

These terms are governed by the laws of the State of Western Australia and the Commonwealth of Australia as they apply in that State. You and we submit to the non-exclusive jurisdiction of the courts of Western Australia and of the courts competent to hear appeals from them.

15. General

Changes to these terms

We may amend these terms from time to time. The version published on this page is the version that applies, and the date at the top shows when it was last revised. Continuing to use the site after a change means you accept the amended terms.

Severance

If a provision of these terms is found to be invalid or unenforceable, it is severed to the extent necessary and the remaining provisions continue in force.

Waiver

A failure or delay by us in exercising a right under these terms is not a waiver of that right, and a single or partial exercise does not prevent any further exercise.

Entire agreement

These terms, together with our privacy policy, are the entire agreement between you and us in relation to your use of this website, and replace any earlier understanding about it.

16. Contact us

Questions about these terms can be sent to:

• Coolderry Civil Pty Ltd
• ABN 91 700 023 132 · ACN 700 023 132
• Perth metropolitan area, WA 6061, Australia
• Email: [email protected]

These terms are general information about using this website and are not legal advice. They do not limit any right you have under the Australian Consumer Law or any other law of Australia or Western Australia.