These terms and conditions (Terms) are between DIGITAL BRAND BUILDERS PTY LTD trading as Aged Care & Medical (ACN 164 689 294) (we, us or our) and you, the person or entity stated in the Quote (you or your), together the Parties and each a Party. Together, these terms and conditions and the Quote (attached to these Terms or the Quote) form the entire agreement under which we will provide the Job to you (Terms).
Disclosures: Please read these Terms carefully prior to accepting these Terms. By accepting these Terms, you agree that:
These Terms does not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
Business Days means a day on which banks are open for general banking business in Victoria, excluding Saturdays, Sundays and public holidays.
Commencement Date means the date these Terms is accepted in accordance with its terms.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us the Price will not constitute “Consequential Loss”.
Consumer Law Rights has the meaning given in clause 16.1.
Dispute has the meaning given in clause 20.4.
Equipment means the equipment, any accessories and parts the subject of these Terms, as particularised in the Schedule.
Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
Hire Fee means the price set out in the Quote, as adjusted in accordance with these Terms.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.
Manual means any manual, provided by us to you, as to the operation, use, restrictions, guidelines or safety instructions for the Equipment where applicable.
Original Condition has the meaning given in clause 8.
Original Condition Report means the report detailing the condition of the Equipment.
Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents.
Quote means the quote (including any online quote) which we provide to you in connection with these Terms or the Jobs.