Terms and conditions

These terms and conditions (“Terms”,
“Agreement”) are an agreement between Website Operator (“Website
Operator”, “us”, “we” or “our”) and you
(“User”, “you” or “your”). This Agreement sets
forth the general terms and conditions of your use of the buildinghoists.com
website and any of its products or services (collectively, “Website”
or “Services”).

Age requirement

You must be at least 13 years of age to use this
Website. By using this Website and by agreeing to this Agreement you warrant
and represent that you are at least 13 years of age.

User content

We do not own any data, information or material
(“Content”) that you submit on the Website in the course of using the
Service. You shall have sole responsibility for the accuracy, quality,
integrity, legality, reliability, appropriateness, and intellectual property
ownership or right to use of all submitted Content. We may, but have no
obligation to, monitor and review Content on the Website submitted or created
using our Services by you. Unless specifically permitted by you, your use of
the Website does not grant us the license to use, reproduce, adapt, modify,
publish or distribute the Content created by you or stored in your user account
for commercial, marketing or any similar purpose. But you grant us permission
to access, copy, distribute, store, transmit, reformat, display and perform the
Content of your user account solely as required for the purpose of providing
the Services to you. Without limiting any of those representations or
warranties, we have the right, though not the obligation, to, in our own sole
discretion, refuse or remove any Content that, in our reasonable opinion,
violates any of our policies or is in any way harmful or objectionable.

Adult content

Please be aware that there may be certain adult or
mature content available on the Website. Where there is mature or adult
content, individuals who are less than 18 years of age or are not permitted to
access such content under the laws of any applicable jurisdiction may not
access such content. If we learn that anyone under the age of 18 seeks to
conduct a transaction through the Services, we will require verified parental
consent, in accordance with the Children’s Online Privacy Protection Act of
1998 (“COPPA”). Certain areas of the Website may not be available to
children under 18 under any circumstances.

Billing and payments

You shall pay all fees or charges to your account
in accordance with the fees, charges, and billing terms in effect at the time a
fee or charge is due and payable. If, in our judgment, your purchase
constitutes a high-risk transaction, we will require you to provide us with a
copy of your valid government-issued photo identification, and possibly a copy
of a recent bank statement for the credit or debit card used for the purchase.
We reserve the right to change products and product pricing at any time. We
also reserve the right to refuse any order you place with us. We may, in our
sole discretion, limit or cancel quantities purchased per person, per household
or per order. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an
order, we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made.

Accuracy of information

Occasionally there may be information on the
Website that contains typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, promotions and offers. We reserve the
right to correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information on the Website or on any
related Service is inaccurate at any time without prior notice (including after
you have submitted your order). We undertake no obligation to update, amend or
clarify information on the Website including, without limitation, pricing
information, except as required by law. No specified update or refresh date
applied on the Website should be taken to indicate that all information on the
Website or on any related Service has been modified or updated.

Third-party services

If you decide to enable, access or use third-party
services, be advised that your access and use of such other services are
governed solely by the terms and conditions of such other services, and we do
not endorse, are not responsible or liable for, and make no representations as
to any aspect of such other services, including, without limitation, their
content or the manner in which they handle data (including your data) or any
interaction between you and the provider of such other services. You
irrevocably waive any claim against Website Operator with respect to such other
services. Website Operator is not liable for any damage or loss caused or
alleged to be caused by or in connection with your enablement, access or use of
any such other services, or your reliance on the privacy practices, data
security processes or other policies of such other services. You may be
required to register for or log into such other services on their respective
websites. By enabling any other services, you are expressly permitting Website
Operator to disclose your data as necessary to facilitate the use or enablement
of such other service.

Backups

We are not responsible for Content residing on the
Website. In no event shall we be held liable for any loss of any Content. It is
your sole responsibility to maintain appropriate backup of your Content.
Notwithstanding the foregoing, on some occasions and in certain circumstances,
with absolutely no obligation, we may be able to restore some or all of your data
that has been deleted as of a certain date and time when we may have backed up
data for our own purposes. We make no guarantee that the data you need will be
available.

Advertisements

During use of the Website, you may enter into
correspondence with or participate in promotions of advertisers or sponsors
showing their goods or services through the Website. Any such activity, and any
terms, conditions, warranties or representations associated with such activity,
is solely between you and the applicable third-party. We shall have no
liability, obligation or responsibility for any such correspondence, purchase
or promotion between you and any such third-party.

Links to other websites

Although this Website may link to other websites,
we are not, directly or indirectly, implying any approval, association,
sponsorship, endorsement, or affiliation with any linked website, unless
specifically stated herein. Some of the links on the Website may be
“affiliate links”. This means if you click on the link and purchase
an item, Website Operator will receive an affiliate commission. We are not
responsible for examining or evaluating, and we do not warrant the offerings
of, any businesses or individuals or the content of their websites. We do not
assume any responsibility or liability for the actions, products, services, and
content of any other third-parties. You should carefully review the legal
statements and other conditions of use of any website which you access through
a link from this Website. Your linking to any other off-site websites is at
your own risk.

Prohibited uses

In addition to other terms as set forth in the
Agreement, you are prohibited from using the Website or its Content: (a) for
any unlawful purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate
our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious
code that will or may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites, or the
Internet; (h) to collect or track the personal information of others; (i) to
spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security features
of the Service or any related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service or any related website
for violating any of the prohibited uses.

Intellectual property rights

This Agreement does not transfer to you any
intellectual property owned by Website Operator or third-parties, and all rights,
titles, and interests in and to such property will remain (as between the
parties) solely with Website Operator. All trademarks, service marks, graphics
and logos used in connection with our Website or Services, are trademarks or
registered trademarks of Website Operator or Website Operator licensors. Other
trademarks, service marks, graphics and logos used in connection with our
Website or Services may be the trademarks of other third-parties. Your use of
our Website and Services grants you no right or license to reproduce or
otherwise use any Website Operator or third-party trademarks.

Disclaimer of warranty

You agree that your use of our Website or Services
is solely at your own risk. You agree that such Service is provided on an
“as is” and “as available” basis. We expressly disclaim all
warranties of any kind, whether express or implied, including but not limited
to the implied warranties of merchantability, fitness for a particular purpose
and non-infringement. We make no warranty that the Services will meet your
requirements, or that the Service will be uninterrupted, timely, secure, or
error-free; nor do we make any warranty as to the results that may be obtained
from the use of the Service or as to the accuracy or reliability of any information
obtained through the Service or that defects in the Service will be corrected.
You understand and agree that any material and/or data downloaded or otherwise
obtained through the use of Service is done at your own discretion and risk and
that you will be solely responsible for any damage to your computer system or
loss of data that results from the download of such material and/or data. We
make no warranty regarding any goods or services purchased or obtained through
the Service or any transactions entered into through the Service. No advice or
information, whether oral or written, obtained by you from us or through the
Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law,
in no event will Website Operator, its affiliates, officers, directors,
employees, agents, suppliers or licensors be liable to any person for (a): any
indirect, incidental, special, punitive, cover or consequential damages
(including, without limitation, damages for lost profits, revenue, sales,
goodwill, use of content, impact on business, business interruption, loss of
anticipated savings, loss of business opportunity) however caused, under any
theory of liability, including, without limitation, contract, tort, warranty,
breach of statutory duty, negligence or otherwise, even if Website Operator has
been advised as to the possibility of such damages or could have foreseen such
damages. To the maximum extent permitted by applicable law, the aggregate
liability of Website Operator and its affiliates, officers, employees, agents,
suppliers and licensors, relating to the services will be limited to an amount
greater of one dollar or any amounts actually paid in cash by you to Website
Operator for the prior one month period prior to the first event or occurrence
giving rise to such liability. The limitations and exclusions also apply if
this remedy does not fully compensate you for any losses or fails of its essential
purpose.

Indemnification

You agree to indemnify and hold Website Operator
and its affiliates, directors, officers, employees, and agents harmless from
and against any liabilities, losses, damages or costs, including reasonable
attorneys’ fees, incurred in connection with or arising from any third-party
allegations, claims, actions, disputes, or demands asserted against any of them
as a result of or relating to your Content, your use of the Website or Services
or any willful misconduct on your part.

Severability

All rights and restrictions contained in this
Agreement may be exercised and shall be applicable and binding only to the
extent that they do not violate any applicable laws and are intended to be
limited to the extent necessary so that they will not render this Agreement
illegal, invalid or unenforceable. If any provision or portion of any provision
of this Agreement shall be held to be illegal, invalid or unenforceable by a
court of competent jurisdiction, it is the intention of the parties that the
remaining provisions or portions thereof shall constitute their agreement with
respect to the subject matter hereof, and all such remaining provisions or
portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of
this Agreement and any disputes arising out of it shall be governed by the
substantive and procedural laws of Queensland, Australia without regard to its
rules on conflicts or choice of law and, to the extent applicable, the laws of
Australia. The exclusive jurisdiction and venue for actions related to the
subject matter hereof shall be the state and federal courts located in
Queensland, Australia, and you hereby submit to the personal jurisdiction of
such courts. You hereby waive any right to a jury trial in any proceeding
arising out of or related to this Agreement. The United Nations Convention on
Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or
otherwise transfer or delegate any of your rights or obligations hereunder, in
whole or in part, without our prior written consent, which consent shall be at
our own sole discretion and without obligation; any such assignment or transfer
shall be null and void. We are free to assign any of its rights or obligations
hereunder, in whole or in part, to any third-party as part of the sale of all
or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or
its policies relating to the Website or Services at any time, effective upon
posting of an updated version of this Agreement on the Website. When we do, we
will revise the updated date at the bottom of this page. Continued use of the
Website after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement
and agree to all its terms and conditions. By using the Website or its Services
you agree to be bound by this Agreement. If you do not agree to abide by the
terms of this Agreement, you are not authorized to use or access the Website
and its Services.

Contacting us

If you have any questions about this Agreement,
please contact us.

This document was last updated on 20 November 2020