Pre Condition To Use: Do not use this website unless you have read these terms, and accept that they will govern your right to use and access our website and all the links and information contained on it. If you choose to use Pearce Earthmover’s website and download documents or information as to the type and styu7le of services being offered then Pearce Earthmover’s will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and Pearce Earthmover’s rights and obligations to each other.
Amendment of Terms: Pearce Earthmover reserves the right to change these terms and conditions of use at any time and those changes shall take effect in respect of all subsequent uses by you of the website. You should therefore check these terms every time before you use the website and only if you accept these terms should you proceed to access and use the documents on the website and documents’ held therein.
Limitation On Pearce Earthmover’s Liability: This only applies if you are not a consumer within the meaning of that term in the Competition and Consumer Act 2010 (Cth). If you are not a consumer for the purposes of Schedule 2 Part 3.2 of the Competition and Consumer Act 2010 (Cth), then it is an essential pre-condition to you using Pearce Earthmover’s website that you agree and accept that Pearce Earthmover is not legally responsible for any loss or damage (including consequential loss) you might suffer related to your use of the site, whether from errors or from omissions in our documents or information or from any other use of the website. In short, your use of the site is at your own risk.
Links To Other Websites: Pearce Earthmover has provided on its website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Pearce Earthmover and the owners of those websites. Pearce Earthmover takes no responsibility for any of the content found on the linked websites. Pearce Earthmover’s website may contain information provided by third parties. Pearce Earthmover accepts no responsibility whatsoever for information or advice provided to you directly by third parties.
Competition and Consumer Act 2010 (Cth): Pearce Earthmover provides all of the Consumer Guarantees contained in the Competition and Consumer Act to the extent to which they apply to this agreement between you and Pearce Earthmover but not otherwise. Nothing in these standard terms and conditions are intended to exclude any applicable Consumer Guarantees. Where the Consumer Guarantees do apply and there has been a breach of any of those Consumer Guarantees then Pearce Earthmover relies on Section 64A of the Competition and Consumer Act. In that respect, Pearce Earthmover’s liability to you for any breach of a Consumer Guarantee is limited to:-
(i) Where there is a supply of goods, to the replacement or resupply of equivalent goods, or the payment to you of the cost of replacing the goods or acquiring equivalent goods.
(ii) Where there is a supply of services, to the supply to you of the services again or the payment of the costs of having the services supplied to you again.
Express Disclaimers: Subject to the provisions of the Competition and Consumer Act 2010 (Cth) and to the fullest extent permitted by law, Pearce Earthmover absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Pearce Earthmover gives no warranty that the documents will be free of errors, or that defects will be corrected, or that Pearce Earthmover’s website or its server is free of viruses or any other harmful components. Pearce Earthmover does not warrant or make any representations regarding the use or the result of the use of any document, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of Pearce Earthmover to bear any costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties and in that event those exclusions do not apply and shall be deemed excised from these standard terms.
Third Parties Can Not Use Your Information: Pearce Earthmover does not sell or deal in personal or customer information. Pearce Earthmover may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. Pearce Earthmover may use the information that you provide to improve its website and its services.
Pearce Earthmover May Disclose: Pearce Earthmover may disclose information in good faith and where Pearce Earthmover is required to do so:-
(i) by law or by any court;
(ii) to enforce the terms of any of our customer agreements;
(iii) to protect the rights, property or safety of Pearce Earthmover, its customers or third parties; or
(iv) to banks or financial institutions with the purpose of preventing fraud and as proof of any transaction.
Jurisdiction: This agreement and this website are subject to the laws of Australia and any applicable state. If there is a dispute between you and Pearce Earthmover that results in litigation then you submit to the jurisdiction of the relevant courts of Australia or the relevant state.
Copyright And Restriction of Use: You are not permitted to reproduce the images, documents, pricing information, or materials on the Pearce Earthmover website for the purposes of conducting a business competitive with or similar to the business of Pearce Earthmover’s. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the documents that you download from its website where that activity is part of a business that is competitive with or similar to the business of Pearce Earthmover. Otherwise you are permitted to download a copy of the documents and retain them on computers used in your business for any legitimate or proper purpose of conducting your business. You are also permitted to provide copies to your legal practitioners in electronic form for their amendment, modification or re-drafting. Pearce Earthmover expressly reserves all copyright in its website and in all documents and information on its website.
Trademarks and Restriction of Use: You are not permitted to use any trademarks, tradenames, graphics or designs that are on Pearce Earthmover’s website. If you breach Pearce Earthmover’s trademarks then Pearce Earthmover reserve the right to take action against you.
Exclusion of Competitors: If a principal part of your business is civil construction and earthworks in respect to their business, then you are a competitor of Pearce Earthmover. Pearce Earthmover expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Pearce Earthmover will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. Pearce Earthmover reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
Whole Agreement: These terms and conditions represent the whole agreement between you and Pearce Earthmover concerning your use and access to Pearce Earthmover’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Exclusion of Unenforceable Terms: Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed excision of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
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