Business Terms of Service 2023

Business Terms of Service

for services provided by

Mears Concreting Pty Ltd
(ABN 39 660 640 817)

Contents

    1. Definitions and interpretation

    2. Parties

    3. Engagement of the Company

    4. Provision of the Services

    5. Pricing and invoicing

    6. Payment

    7. Cancellations

    8. Variations

    9. Company Cancellation or Variation

General

    1. GST

    2. PPSA

    3. Guarantees

    4. Confidentiality

    5. Non-disparagement

    6. Dispute Resolution

    7. Liability and remedies

Termination

    1. Non-solicitation

    2. Notices

General

    1. |  Definitions and Interpretation

PARTY NAMES, DATE & EXECUTION

Operative provisions

    1. Definitions and interpretation

The definitions and interpretation to this Agreement are set out in Schedule 1.

    1. Parties

      1. The parties to this agreement are Mears Concreting Pty Ltd (ABN 39 660 640 817) (Company) and the Client (together with the Guarantor, if applicable), named on the execution page of this agreement.

    2. Engagement of the Company

      1. The Client hereby engages the Company on a non-exclusive basis to provide the Services to the Client, and the Company hereby accepts that engagement and agrees to provide the Services to the Client, in accordance with the terms of this agreement.

Commencement and duration

      1. The Company’s engagement with the Client will:

        1. commence on the Start Date; and

        2. continue indefinitely until the Services pursuant to the Quote are completed, or and until it is terminated in accordance with clause 18.

Nature of relationship

      1. The Company is an independent contractor of the Client and nothing in this agreement constitutes a relationship of employer and employee, principal and agent, partnership or joint venture between the parties.

    1. Provision of the Services

Engagement

      1. Each individual provision of Services from the Company to the Client under this agreement (each an Engagement), relies on the terms of this agreement.

Quote

      1. The Client may only accept the Quote by:

        1. Signing the Quote, whether electronically or in hard copy; or

        2. Continuing to request that the Company complete the Services for which the Quote has been provided, verbally or in writing; or

        3. Otherwise indicating to the Company, through whatever format is used, that the Quote has been accepted, or that the provision of the Services is to be commenced.  

Standards and duties

The Company must, in providing the Services, comply with the standards and duties set out in this clause.

      1. (Honesty and diligence): be honest and diligent and provide the Services to it to the best of its knowledge and abilities.

      2. (Standards): at all times maintain reasonable ethical, professional and technical standards.

      3. (Discrimination and harassment): not unlawfully discriminate against, sexually harass or otherwise physically or verbally abuse any person.

      4. (Privacy): in relation to any Personal Information of any customer, client, supplier or Representative of the Client, any user or prospective user or any other person, comply with:

        1. the Privacy Act and any guidelines, information sheets and other relevant material issued from time to time by the Commonwealth Privacy Commissioner; and 

        2. any approved privacy policy and procedures adopted from time to time by the Company and which may be displayed on the Company’s website.

      5. (Traffic Management): The Company shall take full responsibility for assessing any requirements for traffic management required for the Company’s provision of the Services, and for implementing all traffic management measures which the Company should reasonably know are required in all the circumstances. Traffic management is an expense which the Company shall be entitled to invoice the Client in addition to any other Charges of traffic management.  

      6. (Delivery) Any date or time quoted for delivery of goods and performance of the Services is an estimate only, and the Company shall not be liable (and the Client holds the Company harmless) for any loss or damage, howsoever arising even if arising out of the negligence of the Company for failure to deliver the Services on or before the quoted, expected or anticipated date.

      7. The Company reserves the right to deliver any goods required for the provision of the Services by instalment. If delivery of any goods are made by instalments on different dates, the Client shall not be entitled to:

        1. Terminate or cancel this agreement; or

        2. Any claim, loss or damage howsoever arising for failure by the Company to deliver any instalments on or before the quoted dates. 

      8. The address for delivery is as detailed in the Quote and/or on the execution page of this agreement, as the Clients delivery address for the purpose of delivering the Services. The Client agrees that they will:

        1. Do all things reasonably required to allow the Company safe, suitable and unrestricted access to the property; and

        2. Indemnify the Company against any loss arising from events occurring while gaining access or loss arising from storing any goods at the Clients delivery address.

      9. The Company may refuse to deliver the goods or Services if it determines that the Client has failed to perform its obligations under clause 4.10(a) and the Client indemnifies the Company against any loss arising from the refusal. 

      10. Delivery of goods or the Services may be delayed due to supply issues by third parties, the Client acknowledges and holds harmless the Company for any delays in delivery. 

      11. (Quote): The Client must review the Quote in detail and ensure it agrees with all items and specifications provided therein before accepting the Quote in accordance with clause 4.2;

      12. (Services completion): The Services will be accepted by the Client within 7 days of each item being completed.

      13. If there are any issues with the Services provided the Client must:

        1. Outline in written detail what the issues consist of; 

        2. allow the Company to respond within 7 days.

      14. The parties irrevocably agree that the assessment by the Company as to the provision of the Services and whether they are suitable and in accordance with the Quote is absolute and binding on both parties.   

      15. If the Client does not provide the Company with any notification with the time specified in clause 4.14, then the Client is taken to have accepted the Services, as provided with the Company’s obligations under this agreement deemed to be discharged, and to the extent permitted by law:

        1. The Client shall be deemed to have unreservedly accepted the Services in accordance with the Quote;

        2. The Company shall have no liability to the Customer for loss in respect of any difference between the Quote and the Services provided; and

        3. The Client irrevocably waives all of its right to reject the provision of the Services referred to on the Quote.

Clause (a) shall not apply in relation to any defect non-conformity or failure which would not have been apparent upon a reasonably diligent inspection at the time of completion.

      1. (Concretes): All concrete which the Company provides in delivering the Services must comply with Australian standards, as required by relevant laws, as in force from time to time. 

      2. (Decorative Concrete): The Client acknowledges, agrees, understands and accepts in relation to decorative concrete that:

        1. The aggregates and other materials used in decorative concrete are subject to natural variations which could cause colour variation to the finished product and that because of this the colours depicted in any brochures or other materials published by the Company can be indicative only of the finished colours that can be achieved.

        2. To the extent permitted by law, the Company accepts no responsibility for the final appearance, texture or colour of any finished decorative concrete product. 

Deadline Dates

      1. If the Services for an Engagement are divided into Phases, the Company must ensure that the Services for each Phase of the Engagement are fully completed to the reasonable satisfaction of the Client on or before the relevant Deadline Date. 

Force Majeure

      1. If by reason of any fact, circumstance, matter or thing beyond the reasonable control of the Company, then Company is unable to perform in whole or in part any obligation under this agreement, the Company shall be relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform and shall not be liable to the Client in respect of such liability. Circumstances in this clause, may include but are not limited to:

        1. Inclement weather;

        2. Act of God, lightning, earthquake, cyclone, hurricane, tornado, storm, flood, tidal wave, landslide, explosion, fire, drought, water shortage or other natural disaster;

        3. Plague, epidemic or pandemic, including restrictions for COVID-19;

        4. Strike, lockout, industrial disturbance or industrial action

        5. War, military action, invasion, act of public enemy or act of terrorism;

        6. Revolution, rebellion, riot, insurrection, civil commotion, civil disturbance, blockade, sabotage, vandalism or malicious damage;

(Force Majeure Event)

      1. If a Force Majeure Event occurs in relation to a party, then:

        1. that party must:

          1. promptly give written notice to other party providing full details about that Force Majeure Event and how it adversely affects that party’s obligations under this agreement;

          2. use its reasonable endeavours to minimise and remedy those adverse effects; and

          3. promptly resume performance of the obligations adversely effected by that Force Majeure Event (Affected Obligations) as soon as reasonably possible after that Force Majeure Event ceases;

        2. provided that that party complies with its obligations under clause (a):

          1. that party is not liable to other party for any delay or failure to comply with the Affected Obligations, to the extent that the delay or failure is due to that Force Majeure Event; and

          2. the Affected Obligations are suspended until that Force Majeure Event ceases (and any date or period for the performance of an Affected Obligation is extended accordingly),

except that nothing in this clause relieves that party from any liability or obligation to pay money to the other party under and in accordance with this agreement.

    1. Pricing and invoicing

Pricing

      1. Subject to clause 4.1, in respect of each Engagement, the parties have agreed that the total price for the relevant Services (exclusive of GST and Expenses, and including a deposit where relevant) (the Fees) will be, if as designated in the relevant Quote:

        1. (Not Phases)  the Services are not divided into Phases and:

          1. (Fixed Price)  a Fixed Price applies and is payable in accordance with clause 6; or

          2. (Hourly Rate)  the Hourly Rate applies – calculated on the basis of the time spent by the Company in exclusively providing those Services and is payable in accordance with clause 6.

        2. (Phases)  the Services are divided into Phases, then each Phase is a separate Engagement in accordance with clause 4.1, and:

          1. (Fixed Price per Phase)  Fixed Prices apply and is payable in accordance with clause 6; or

          2. (Hourly Rate per Phase)  the Hourly Rate applies – calculated on the basis of the time spent by the Company in exclusively providing those Services and is payable in accordance with clause 6.

Out-of-Scope Work

      1. Notwithstanding clause 5.1, the Client will pay the Company the hourly rate, as determined in the Company’s sole discretion from time to time (the Out-of-Scope Rate) for any Out-of-Scope Work and shall be liable for the Company’s reasonable Charges .

Hourly Rates and Out-of-Scope Rates

      1. The Company must keep and maintain accurate records of the number of hours of Services in respect of which the Hourly Rate and/or Out-of-Scope Rate applies and provide the Client with a copy of such records upon reasonable notice as may be requested by the Client from time to time.

Reimbursement of Expenses

      1. The Client will pay all reasonable Expenses properly and necessarily incurred by the Company in the course of providing the Services.

    1. Payment

      1. The Client shall pay the Company in accordance with the Quote, and subject to any variations, as follows:

        1. 10% deposit upon acceptance of the Quote;

        2. 40% of balance on or prior to the Business Day immediately preceding the Start Date; and

        3. 50% of the balance within 5 Business Days of completion of the Services. 

These payments are non-refundable, notwithstanding that there may be variations or cancellations subsequently made to the Quote. 

      1. The Company reserves the right to amend the timing and amounts of payments required in the Quote.

Timing of payments

      1. Time is of the essence for all payments in clause 6.1.

      2. The Client must pay to the Company all Charges invoiced to them, in full on or before the date that is 5 Business Days after the Client’s receipt of the relevant invoice.

Method of payment

      1. All amounts to be paid by the Client, to the Company under or in connection with this agreement must be paid in cash or by way of bank cheque or electronic funds transfer into the account nominated by the Company from time to time.

No set-off or deduction

      1. All amounts payable under or in connection with this agreement must be paid without set-off, counterclaim, withholding, deduction or claim to a lien whatsoever, whether or not any such set-off, counterclaim, withholding, deduction or lien arises under this agreement (unless otherwise required by law).

      2. If a party is required by law to make a deduction or withholding in respect of any sum payable under or in connection with this agreement to another party, it must, at the same time as the sum that is the subject of the deduction or withholding is payable, make a payment to the other party of such additional amount as is required to ensure that the net amount received by the other party will equal the full amount that would have been received by it had no such deduction or withholding been required to be made.

Default interest

      1. If the Client fails to pay any sum payable by it under this agreement to the Company at the time and otherwise in the manner provided in this agreement, it must pay interest on that sum from the due date of payment until that sum is paid in full at the Default Rate, calculated daily on the basis of a 365-day year and compounded monthly.  Interest will accrue from day to day and will be payable on demand.  The payment of interest by the Client to the Company in respect of any late payment under this clause 6.8 is in addition to any other remedies that the other party may have in respect of such late payment.

    1. Cancellations 

      1. The Client may not cancel any Quote that has been accepted, unless the Company provides their prior written consent.

      2. The Company may give or withhold consent in their absolute discretion. 

      3. Where the Clients acceptance of a Quote is cancelled by the Client, the Client is liable for, and indemnifies the Company against, any Losses incurred by the Company a result of the cancellation, including, but not limited to direct costs, and loss of profit from other orders foregone as a result of the scheduling of the Quote which is subsequently cancelled.

      4. If the Client cancels the Quote, after the Company has already ordered materials for the Quote, then the Client is liable for the Company’s cost of such materials, which the Company is entitled to sole legal title and ownership of and may collect any goods from the Clients delivery address.

    2. Variations

      1. The Company must consent to any such variation request in writing before it comes into effect.

      2. The Company may give or withhold their consent in their absolute discretion.

      3. If the Client wishes to vary requirements in the Quote after a Quote has been prepared or after the placement of an order for materials pursuant to a Quote, the Company reserves the right to vary the Quote to include any additional Charge in respect of any extra costs incurred due to the variation.

      4. A variation agreed to by the Company constitutes a new Quote.  

      5. A revised Quote issued by the Company in respect of the requested variation supersedes the original Quote.   

      6. If the revised Quote only specifies the variation costs, the Quote for those variation costs will be in addition to the immediately preceding Quote.

      7. The Company has an automatic extension of time for the provision of the Services equal to the delay caused by the variation.

    3. Company Cancellation or Variation

      1. In certain circumstances, the Company may need to cancel or vary the Quote.

      2. This may happen where the materials required are not available or if there has been an error in the Quote.

      3. If the Company needs to cancel or vary the Quote, the Company will endeavour to provide the Client with notification in writing as soon as reasonably possible after you accept your Quote.

      4. The Client is responsible for any costs, expenses and Charges, reasonably incurred by the Company in cancelling or varying the Quote pursuant to this clause 9.

    4. General

      1. (Additional Charges): We may require the Client to pay additional Charges in respect of matters relating to the Quote including, but not limited to, the following:

        1. costs incurred by the Company as a result of their reliance on inadequate or incorrect information or material provided by the Client that is required by the Company to provide the Client with the Services within the specified time frame (if any);

        2. cancellation by the Client of a Quote where such cancellation results in Loss to the Company; 

        3. variations by the Client of a Quote where such variation results in Loss to the Company;

        4. costs incurred in relation to the delivery of the materials to the Client for the provision of the Services;

        5. materials or labour price increases, or unavailability;

        6. any costs incurred by the Company on the Clients behalf; and

        7. additional work required by the Client.

The Company will use reasonable endeavours to notify the Client in writing as soon as reasonably possible of any price increases which will affect the Client or their Quote, as soon as the Company becomes aware. 

      1. (Agency and Assignment): 

        1. The Client agrees that the Company may at any time appoint or engage an agent to perform an obligation of the Company arising out of or pursuant to these Business Terms of Service.

        2. The Company shall have the right to assign and transfer to any person or company all or any of its title, estate, interest, benefit, rights, duties and obligations arising in, under or from these Business Terms of Service provided that the assignee agrees to assume any duties and obligations of the Company so assigned and transferred.

        3. The Client is not to assign, or purport to assign, any of its obligations or rights under these Business Terms of Service without the prior written consent of the Company.

      2. (Risk): Unless otherwise agreed to in writing:

        1. Risk in the materials and goods provided for the provision of the Services, shall pass to the Client at the time when the goods have been delivered to the Clients address;

        2. Risk in the semi-completed or completed Services at all times is borne by the Client (except to the extent that loss is caused by the Company’s negligence) and the Company shall bear no liability for damage to the Services that is outside of the Company’s reasonable control;

        3. The Company’s Representative may inform the Client of certain post-completion requirements of the Services/concrete, that must be complied with for the product to form for its intended purposes. If the Client does not comply with such requirements, the Company shall not be liable for any consequent damage or rectification costs.

        4. The Company is not liable for any damage to the goods or Services which the Client, or a third party has caused.

    1. GST

Definitions regarding GST

      1. In this clause 11:

        1. expressions that are not defined, but which have a defined meaning in the GST Law, have the same meaning as in the GST Law;

        2. any part of a supply that is treated as a separate supply for 

        3. GST purposes (including attributing GST payable to tax periods) will be treated as a separate supply for the purposes of this clause 11; and

        4. any consideration that is specified to be inclusive of GST must not be taken into account in calculating the GST payable in relation to a supply for the purpose of this clause 11.

Consideration is exclusive of GST

      1. 11.2. Unless expressly stated otherwise, any sum payable, or amount used in the calculation of a sum payable, under this agreement has been determined without regard to GST and must be increased on account of any GST payable under this clause 11.

Receiving Party to pay additional amount

      1. 11.3. If GST is imposed on any supply made under or in accordance with this agreement, the recipient of the supply (Receiving Party) must pay to the supplier (Providing Party) an additional amount equal to the GST payable on the supply, subject to the Receiving Party receiving a valid tax invoice, or a document that the Commissioner will treat as a tax invoice, in respect of the supply at or before the time of payment.  Payment of the additional amount will be made at the same time and in the same manner as payment for the supply is required to be made in accordance with this agreement.

Fines, penalties and interest

      1. The amount recoverable on account of GST under this clause 11 by the Providing Party will include any fines, penalties, interest and other charges incurred as a consequence of any late payment or other default by the Receiving Party under this clause 11.

Reimbursement

      1. If any party is required to pay, reimburse or indemnify another party for the whole or any part of any cost, expense, loss, liability or other amount that the other party has incurred or will incur in connection with this agreement, the amount must be reduced by the amount for which the other party can claim an Input Tax Credit, partial Input Tax Credit or other similar offset.

Adjustment events

      1. If, at any time, an adjustment event arises in respect of any supply made by a party under this agreement, a corresponding adjustment must be made between the parties in respect of any amount paid to the Providing Party by the Receiving Party pursuant to clause 11.3 and payments to give effect to the adjustment must be made and the Providing Party must issue an adjustment note.

    1. PPSA

      1. The Client hereby irrevocably authorises the Company to:

        1. conduct a PPSR search prior to providing the Services or credit; and/ or

        2. register an interest in their personal property on the PPSR register.  

      2. In this clause 12, words and expressions that are not defined in this agreement but that have a defined meaning in the PPSA have the same meaning as in the PPSA.

Information provided by the Client

      1. The Client represents and warrants that all information provided by or on behalf of the Client to the Company (including the Clients details, entity name, ACN/ABN and address as set out in this agreement) is correct in all respects.  The Client must not change any such information without providing the Company with at least 1 month's prior written notice of the change.

Waiver of PPSA rights

      1. The Client hereby waives its rights under the PPSA to:

        1. receive a copy of any notice under the PPSA unless the notice is required to be given by the PPSA and contracting out of the giving of the notice is prohibited by Law;

        2. object to a proposal by the Company to dispose of, purchase or retain any of the personal property of the Client in satisfaction of any obligation owed by the Client to the Company; or

        3. receive a statement of account following the sale of any of the customer’s assets.

Enforcement

      1. The enforcement provisions contained in this agreement are in addition to any rights available to the Company under the PPSA and apply to the maximum extent permitted by Law.

      2. Without limitation to clause 12.5 or any other provision of this agreement, the parties hereby contract out of sections 125, 129(2), 142 and 143 of the PPSA.

    1. Guarantees

      1. Where the Client is not an individual the Guarantor/s (jointly and severally) unconditionally and irrevocably guarantee to the Company the performance in full by the Client of all of its obligations as and when those obligations fall due for performance in accordance with the terms of this Agreement.  

      2. If, and on each time that, the Client fails to perform any obligation under this agreement in full and when due, the Guarantor/s must, on demand, without requiring the Company to first:

        1. Take any steps against the Client or any other person; or

        2. Enforce any Encumbrance that it may hold in relation to this agreement;

perform that obligation in full and when due in accordance with the terms of this agreement as if the Guarantor/s were the principal obligors in respect of that obligation under this agreement, including payment to the Company of any invoiced amounts for provision of the Services and any additional amounts required under this agreement.  

      1. The Guarantor irrevocably appoints the Company and its nominees severally to be the true and lawful attorneys of the Guarantor on behalf of, and in the name of, the Guarantor to do all things necessary to register the Company’s security over the Guarantor’s property granted by clause 13 and any other authority required to secure the rights of ERC under this agreement.

      2. This guarantee survives completion or termination of this Agreement.  

    1. Confidentiality

      1. Subject to clauses 13.2 a party must:

        1. keep all Confidential Information confidential;

        2. not use or exploit any Confidential Information in any way except in the proper performance of the Supply & Delivery in accordance with this agreement;

        3. not disclose or make available any Confidential Information in whole or in part to any third party;

        4. not copy, reduce to writing or otherwise record any Confidential Information except in the proper performance of the Supply & Delivery in accordance with this agreement (and any such copies, reductions to writing and records will be the property of ERC).

      2. Exceptions

The parties agree that the following are exceptions to this clause:

        1. The party may disclose Confidential Information to those of its employees who have an actual need to know the Confidential Information but only in the proper provision of the Supply & Delivery and performance of its duties under this agreement and provided that it informs such representatives of the confidential nature of the Confidential Information before such disclosure; 

        2. is or becomes generally available to the public, unless it became so generally available as a direct or indirect result of having been disclosed by any person; or

        3. is required by law or court order to be disclosed.

    1. Non-disparagement

      1. Subject to clause 15.2, on and from the date of this agreement, each party must not:

        1. make, express, transmit, speak, write, verbalise or otherwise communicate in any way (directly or indirectly, in any capacity or manner) any remark, comment, message, information, declaration, communication or other statement of any kind (whether verbal, in writing, electronically transferred or otherwise) that might reasonably be construed to be critical of, or derogatory or negative towards, any other party or any Representative of any other party; or

        2. cause, further, assist, solicit, encourage or knowingly permit any other person to do so, or support or participate in any other person doing so,

and must take all reasonable steps to prevent its Representatives from doing so.

      1. Clause 15.1 shall not prohibit any party from making any statement or disclosure as required by law or court order, provided that such party must:

        1. promptly notify the other party in writing in advance of any such statement or disclosure, if reasonably practicable; and

        2. reasonably assist the other party in obtaining confidential treatment for, or avoiding or minimising the dissemination of, such statement or disclosure to the extent reasonably requested by any party.

    1. Dispute Resolution

      1. Parties must comply with dispute resolution provisions before litigation or arbitration.

        1. Subject to clause (b) and clause (c), a party must not commence litigation, court proceedings, tribunal proceedings or arbitration relating to a dispute arising under or in connection with this agreement (including a dispute relating to the interpretation of this agreement) (Dispute) without first complying with this clause 16 in relation to that Dispute.

        2. Clause (a) does not prevent a party from seeking urgent injunctive relief or urgent interlocutory relief, provided that:

          1. the party seeks relief in an Australian court of competent jurisdiction; and

          2. failure to obtain such relief would cause irreparable damage to that party.

        3. Without limiting clause (b), clause (a) does not apply to a party in relation to a Dispute if:

          1. another party is in breach of its obligations under this clause 16 in relation to that Dispute; or

          2. that Dispute relates to compliance or non-compliance with this clause 16.

      2. Dispute Notice

        1. A party claiming that a Dispute has arisen must give written notice (Dispute Notice) to each other party to the Dispute (each party to the Dispute being a Dispute Party).

        2. A Dispute Party that gives a Dispute Notice in relation to a Dispute must ensure that the Dispute Notice:

          1. sets out in detail the nature and subject matter of that Dispute and the outcome which that Dispute Party seeks in relation to that Dispute; and

          2. designates a person with authority to settle that Dispute as that Dispute Party’s representative for the purposes of this clause 16.

      3. Resolving Disputes by negotiation

        1. Promptly after a Dispute Party has given a Dispute Notice in relation to a Dispute to each other Dispute Party under clause 16.2, each Dispute Party must use its reasonable/ endeavours to resolve that Dispute through mutual discussion and negotiation between the Dispute Parties (or their designated representatives).

        2. If within 10 Business Days after each Dispute Party has received the Dispute Notice in relation to a Dispute (Negotiation Period), the Dispute Parties have not either:

          1. resolved that Dispute; or

          2. agreed in writing an alternative dispute resolution process to resolve that Dispute, including:

            1. a timetable for that process;

            2. the identity of an independent person to conduct that process; and

            3. how the Dispute Parties will bear the costs of conducting that process,

then clause 16.4 applies.

      1. Resolving Disputes by mediation where negotiation fails

        1. If this clause 1.4 applies in relation to a Dispute, then within 10 Business Days after the end of the Negotiation Period (Referral Period) for that Dispute, the Dispute Parties must refer that Dispute to mediation to be conducted:

          1. by a mediator:

            1. agreed by the Dispute Parties; or

            2. if the Dispute Parties do not agree on a mediator by the end of the Referral Period, appointed by [the Australian Disputes Centre (ADC) / Resolution Institute / the Australian Centre for International Commercial Arbitration (ACICA)] (or the chair or other representative of that organisation); and

          2. in accordance with [the ADC Guidelines for Commercial Mediation / the Resolution Institute Mediation Rules / the ACICA Mediation Rules] applicable at the time of the referral.

      2. Resolving Disputes by arbitration when negotiation fails

        1. If this clause 16.5 applies in relation to a Dispute, then within [10] Business Days after the end of the Negotiation Period for that Dispute (Referral Period), [a Dispute Party may / the Dispute Parties must] refer that Dispute to arbitration to be conducted:

          1. by an arbitrator (Arbitrator):

            1. agreed by the Dispute Parties; or

            2. if the Dispute Parties do not agree on an arbitrator by the end of the Referral Period, appointed by [the Australian Disputes Centre (ADC) / Resolution Institute / the Australian Centre for International Commercial Arbitration (ACICA)]; and

          2. in accordance with [the ADC Rules for Domestic Arbitration / Resolution Institute Arbitration Rules / ACICA Arbitration Rules] applicable at the time of the referral.

    1. Liability and remedies

Indemnity

      1. 17.1. The Client shall have personal liability for, and hereby irrevocably indemnifies and covenants to hold the Company harmless from and against, any and all Losses that may be suffered by the Company and which arise, directly or indirectly, in connection with any breach of this agreement by the Client and/or any negligent or other tortious conduct in the provision of the Services.

Indemnities continuing

      1. 17.2. Each indemnity contained in this agreement is an additional, separate, independent and continuing obligation that survives the termination of this agreement despite any settlement of account or other occurrence and remains in full force and effect until all money owing, contingently or otherwise, under the relevant indemnity has been paid in full and no one indemnity limits the generality of any other indemnity.

Limitation of liability

      1. 17.3. To the maximum extent permitted by law, the Company and its Representatives expressly:

        1. (Disclaimer of warranties)  disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to the Services, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement.  Without limitation to the foregoing, the Company and its Representatives make no representation, and provide no warranty or guarantee, that:

          1. the Client will achieve any particular results from the provision of the Services;

          2. any particular individuals will perform the Services on behalf of the Company; or

          3. the Services will be:

            1. error-free or that errors or defects will be corrected; or

            2. meet the Client's requirements or expectations; and

        2. (Limitation of liability)  limit their aggregate liability in respect of any and all Claims for any Losses that the Client and/or any of its Representatives may bring against the Company under this agreement or otherwise in respect of the Services to the following remedies (the choice of which is to be at the Company's sole discretion):

          1. re-supply of the Services;

          2. payment of the costs of supply of the Services by a third party; or

          3. the refund of any amounts paid by the Client to the Company under this agreement in respect to the Services,

even if the Company has been advised of the possibility of such Losses,

and the Client acknowledges and agrees that the Company holds the benefit of this clause 17.3 for itself and as agent and trustee for and on behalf of each of its Representatives..

Remedies for breach

      1. 17.4. Each party acknowledges and agrees that, in the event of any breach by the other party of the provisions of clause 14 (Confidentiality), clause 15 (Non-disparagement) or clause 19 (Non-solicitation), damages may not be an adequate remedy and the first-mentioned party may, in addition to any other remedies, obtain an injunction restraining any further violation by the other party and other equitable relief, without the necessity of showing actual damage and without any security being required, together with recovery of costs.  Any Claims asserted by such other party against the first-mentioned party shall not constitute a defence in any such injunction action, application or motion.

    1. Termination

Termination for breach

      1. The Company may terminate this agreement immediately by notice to the Client if an Event of Default occurs in respect of the Client.

      2. If the Company commits any material or persistent breach of this agreement, the Client must provide the Company with a notice of breach in writing.  If the Company fails to remedy the breach within 20 Business Days after the date of its receipt of such notice, the Client may terminate this agreement with immediate effect upon providing the Company with a further notice of termination in writing.

      3. If the Client commits any material or persistent breach of this agreement, the Company may (but is not obliged to) provide the Client with a notice of breach in writing.  If the Client fails to remedy the breach within 20 Business Days after the date of its receipt of such notice, the Company may terminate this agreement with immediate effect upon providing the Client with a further notice of termination in writing.

Effect of termination

      1. 18.4. In the event of any termination of this agreement in any circumstances and for any reason whatsoever:

        1. the Client will remain liable to pay all invoices, costs, Expenses and Charges accrued up to and including the date of termination, whether or not invoiced prior to the date of termination (for the avoidance of doubt, in the event of any termination of this agreement by the Client, including Charges incurred by the Company for the purchase of materials for those Services prior to such termination); and

        2. the Company will send to the Client a final invoice for the balance of any unbilled invoices, costs and Charges accrued up to and including the date of termination and clause 6 will apply in respect thereof.

Partially completed deliverables

      1. Upon the cessation of the Company’s engagement under this agreement, subject to payment of all outstanding invoices, costs, Expenses and Charges by the Client in accordance with the terms of this agreement, the Company will deliver to the Client any and all partially completed deliverables that are included within the scope of the Services and which have been paid for in full by the Client.

Ipso facto legislation

      1. If any provision of this agreement is otherwise unenforceable by virtue of the operation of the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth), upon the occurrence of an Insolvency Event in respect of a particular party, notwithstanding any other provision of this agreement, to the maximum extent permitted by law:

        1. time is of the essence in respect of all obligations of that party under this agreement (whether falling due for performance before, upon or after the occurrence of that Insolvency Event); and

        2. any breach of this agreement by that party (whether occurring before, upon or after the occurrence of that Insolvency Event), however minor, will (alone or, severally, in combination with the occurrence of that Insolvency Event) be deemed to be a material breach of this agreement,

and, if any such material breach has occurred or occurs, the parties acknowledge and agree that such provision will instead be enforceable by virtue of the occurrence of that material breach.

Accrued rights

      1. Termination of this agreement will not affect any rights or liabilities that the parties have accrued under it prior to such termination.

Survival

      1. The obligations of the parties under clause 14 (Confidentiality), clause 15 (Non-disparagement), clause 17 (Liability and remedies), clause 19 (Non-solicitation) and this clause 18 will survive the termination of this agreement.

    1. Non-solicitation

      1. During the Company's engagement with the Client under this agreement and for each Non-Solicitation Period thereafter, the Client must not, without the Company's prior written consent (which the Company may withhold or delay in its absolute discretion), directly or indirectly:

        1. (non-solicitation suppliers)  interfere with or disrupt, or attempt to interfere with or disrupt, any relationship, whether contractual or otherwise, between the Company and any of the Company's suppliers, distributors or joint venture partners, or identified prospective suppliers, distributors or joint venture partners; or

        2. (non-solicitation of staff)  induce, encourage or solicit any of the Company's officers, employees, contractors or agents to cease their employment, engagement or agency with the Company.

      2. The restraint periods are:

        1. 12 months;

        2. 6 months;

        3. 3 months.  

      3. The Client acknowledges and agrees that:

        1. the restraints in clause 19.1 constitute several separate covenants and restraints consisting of each of clauses 19.1(a) and (b) combined with each separate Non-Solicitation Period severally;

        2. each of those separate covenants and restraints is a fair and reasonable restraint of trade that goes no further than is reasonably necessary to protect the Company's goodwill and business;

        3. the Client has received substantial and valuable consideration for each of those separate covenants and restraints, including its receipt of the Services; and

        4. breach by the Client of any of those separate covenants and restraints would be unfair and calculated to damage the Company's goodwill and business and would lead to substantial loss to the Company.

      4. The parties intend the covenants and restraints under clauses 19.1 to operate to the maximum extent.  If any of those separate covenants and restraints would, in the absence of this clause 19.4, be void as unreasonable for the protection of the interests of the Company but would not be so void if any part of the wording in this clause 19 was deleted or amended, the separate covenants and restraints will apply with the minimum modifications necessary to make them effective.

    2. Notices

      1. A notice given to a party under this agreement must be:

        1. in writing in English;

        2. sent to the address, fax number or email address of the relevant party as the relevant party may notify to the other party from time to time; and

        3. delivered/sent either:

          1. personally;

          2. by commercial courier;

          3. by pre-paid post;

          4. if the notice is to be served by post outside the country from which it is sent, by airmail;

          5. by fax; or

          6. by e-mail.

      2. 20.2. A notice is deemed to have been received:

        1. (a)if delivered personally, at the time of delivery;

        2. (b)if delivered by commercial courier, at the time of signature of the courier’s receipt;

        3. (c)if sent by pre-paid post, 48 hours from the date of posting;

        4. (d)if sent by airmail, five days after the date of posting;

        5. (e)if sent by fax, at the time shown in the transmission report generated by the machine from which the fax was sent; or

        6. if sent by e-mail, 4 hours after the sent time (as recorded on the sender’s e-mail server), unless the sender receives a notice from the party’s email server or internet service provider that the message has not been delivered to the party,

except that, if such deemed receipt is not within business hours (meaning 9:00 am to 5:30 pm on a Business Day), the notice will be deemed to have been received at the next commencement of business hours in the place of deemed receipt.

      1. To prove service, it is sufficient to prove that:

        1. (a)in the case of post – that the envelope containing the notice was properly addressed and posted;

        2. (b)in the case of fax – the notice was transmitted to the fax number of the party; and

        3. (c)in the case of email – the email was transmitted to the party’s email server or internet service provider.

    1. General

Further assurances

      1. Each party must (at its own expense, unless otherwise provided in this agreement) promptly execute and deliver all such documents, and do all such things, as any other party may from time to time reasonably require for the purpose of giving full effect to the provisions of this agreement.

Third parties

      1. This agreement is made for the benefit of the parties to it and their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else.

Severability

      1. If a provision of this agreement is invalid or unenforceable in a jurisdiction:

        1. it is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability; and

        2. that fact does not affect the validity or enforceability of that provision in another jurisdiction, or the remaining provisions.

No waiver

      1. No failure, delay, relaxation or indulgence by a party in exercising any power or right conferred upon it under this agreement will operate as a waiver of that power or right. No single or partial exercise of any power or right precludes any other or future exercise of it, or the exercise of any other power or right under this agreement.

Amendment

      1. This agreement may not be varied except by written instrument executed by all of the parties.

Governing law and jurisdiction

      1. This agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by, and shall be construed in accordance with, the laws of New South Wales, Australia.

      2. The parties irrevocably agree that the courts of New South Wales, Australia have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, this agreement or its subject matter or formation (including non-contractual disputes or claims).

  1. *|  Definitions and Interpretation

Definitions

The following definitions apply in this agreement unless the context requires otherwise:

Business Day means a day (other than a Saturday, Sunday or public holiday) when banks in Sydney, New South Wales are open for business.

Charges means Fees and Expenses.

Claim means any claim, complaint, demand, proceeding, suit, litigation, action, cause of action or other legal recourse (whether in contract, tort, under statute or otherwise).

Client means the party that will receive the Services as named in the Quote and identified on the execution page of this agreement.

Confidential Information means all information relating to a party, any customer, clients, suppliers, distributors or joint venture partners, of the party and/or any of the business or financial affairs of any of them, including:

        1. any information that is specifically designated by any of them as confidential;

        2. any information which, by its nature, may reasonably be regarded as confidential;

        3. any information relating to any:

      1. agreements, arrangements or terms of trade with any existing or prospective customers, Customers, suppliers, distributors or joint venture partners or other contractual counterparties;

      2. (ii)customers, Customers, suppliers, distributors, joint venture partners, employees, technologies, products, Supply & Delivery, proposals, market opportunities, business or product development plans, pricing, financial position or performance, capabilities, capacities, operations or processes; or

      3. Intellectual Property Rights, of any of them; and

        1. any note, calculation, conclusion, summary or other material derived or produced partly or wholly from any such information.

Default Rate means a rate of interest set at 8% above the RBA cash target rates at the beginning of periods 1 January -30 June & 1 July -31 December.  

Engagement has the meaning given in clause 4.1, being each individual engagement for ERC to provide specific Supply & Delivery to the Customer pursuant to a Quote.

Deadline Date means, in respect of a Quote, the dates (if any) specified in the Quote, or as determined in the Company’s sole discretion, as the dates on or before which the Company must complete each Phase of the Engagement in accordance with clause 4.20 or the estimated completion date of the Services.

Event of Default means any of the following on the part of the Client:

        1. committing any material or persistent breach of this agreement;

        2. repudiating or, or, in the reasonable opinion of the Company, evincing an intention to repudiate, this agreement;

        3. if the Client is a company, undergoing a change of shareholder or director, without the prior written consent of the Company;

        4. misleading the Company in any material way; and/or

        5. an Insolvency Event occurring in respect of the Client.

Expenses mean the expenses of the Company for which the Company is entitled to be reimbursed by the Client pursuant to clause 5.4.

Fees has the meaning given in clause 5.1.

Fixed Price means, in respect of a particular Engagement, if, as specified in the relevant Quote:

        1. the Services are not divided into Phases, the price (exclusive of GST) specified in the relevant Quote for all of the Services; or 

        2. the Services are divided into Phases, the price (exclusive of GST) specified in the relevant Quote for each Phase respectively.

Governmental Agency means any government or governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity whether foreign, federal, state, territorial or local.

GST has the same meaning given to that expression in the GST Law.

GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth), as in force from time to time.

GST Law has the same meaning given to that expression in the GST Act.

Hourly Rate means that provided in the Quote, or otherwise, $70.00 per hour (plus GST) for concreting and $100.00 per hour (plus GST) for excavation (which may be amended from time to time by the Company, verbally or in writing in their sole discretion). 

Insolvency Event means, in respect of a party:

        1. where the party is an individual, that party commits an act of bankruptcy or is declared bankrupt or insolvent or that party’s estate otherwise becomes liable to be dealt with under any law relating to bankruptcy or insolvency;

        2. where the party is a company, a resolution is passed or court order made for the winding up of that party or an administrator is appointed to that party pursuant to any relevant law;

        3. a receiver or manager or receiver and manager is appointed to the assets or undertaking of the party or any part thereof; or

        4. the party is otherwise unable to pay its debts as and when they fall due.

In-Scope Work means work that has been expressly and specifically designated as being within the scope of the Services.

Input Tax Credit has the meaning given in the GST Law.

Losses means any loss, damage, debt, cost, charge, expense, fine, outgoing, penalty, diminution in value, deficiency or other liability of any kind or character (including legal and other professional fees and expenses on a full indemnity basis) that a party pays, suffers or incurs or is liable for, including all:

        1. liabilities on account of Tax;

        2. interest and other amounts payable to third parties;

        3. legal and other professional fees and expenses (on a full indemnity basis) and other costs incurred in connection with investigating, defending or settling any Claim, whether or not resulting in any liability; and

        4. all amounts paid in settlement of any Claim.

Out-of-Scope Rate has the meaning given in clause 5.2.

Out-of-Scope Work means any work that is not In-Scope Work, including the work specifically described as being out of scope in the Quote (if any).

Personal Information has the meaning given in the Privacy Act.

Phase means any particular phase of the Services as specified in the Quote.

Privacy Act means the Privacy Act 1998 (Cth).

Quote means, in respect of a particular Engagement, the document headed "Quote" or similar setting out the scope of the Services for that Engagement as provided by the Company to the Client and accepted by the parties in accordance with this agreement.

Representatives means, in respect of a person, the employees, officers, consultants, agents and professional advisers of that person.

Services means the services provided by the Company to the Client under this agreement in respect of each Engagement, as set out in the relevant Quote, or in the Company’s sole discretion.

Start Date means the date of this agreement or such other date as the parties may agree in writing, whether provided in the Quote or otherwise.

Tax Acts means the Income Tax Assessment Act 1936 (Cth) and the Income Tax Assessment Act 1997 (Cth).

Tax or Taxation means:

        1. any tax, levy, impost, deduction, charge, rate, compulsory loan, withholding or duty by whatever name called, levied, imposed or assessed under the Tax Acts or any other statute, ordinance or law by any Governmental Agency (including profits tax, property tax, interest tax, income tax, tax related to capital gains, tax related to the franking of dividends, bank account debits tax, fringe benefits tax, sales tax, payroll tax, superannuation guarantee charge, group or Pay as You Go withholding tax and land tax);

        2. unless the context otherwise requires, Stamp Duty and GST; and

        3. any interest, penalty, charge, fine or fee or other amount of any kind assessed, charged or imposed on or in respect of the above.

Interpretation

The following rules of interpretation apply in this agreement unless the context requires otherwise:

        1. headings in this agreement are for convenience only and do not affect its interpretation or construction;

        2. no rule of construction applies to the disadvantage of a party because this agreement is prepared by (or on behalf of) that party;

        3. where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;

        4. a reference to a document (including this agreement) is a reference to that document (including any schedules and annexures) as amended, consolidated, supplemented, novated or replaced;

        5. references to recitals, clauses, subclauses, paragraphs, annexures or schedules are references to recitals, clauses, subclauses, paragraphs, annexures and schedules of or to this agreement;

        6. in each schedule to this agreement, a reference to a paragraph is a reference to a paragraph in that schedule;

        7. a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;

        8. an expression importing a natural person includes any individual, corporation or other body corporate, partnership, trust or association and any Governmental Agency and that person’s personal representatives, successors, permitted assigns, substitutes, executors and administrators;

        9. a reference to writing includes any communication sent by post, facsimile or email;

        10. a reference to time refers to time in Sydney, New South Wales and time is of the essence;

        11. all monetary amounts are in Australian currency;

        12. a reference to a “liability” includes a present, prospective, future or contingent liability;

        13. the word “month” means calendar month and the word “year” means 12 calendar months;

        14. the meaning of general words is not limited by specific examples introduced by “include”, “includes”, “including”, “for example”, “in particular”, “such as” or similar expressions;

        15. a reference to a “party” is a reference to a party to this agreement and a reference to a “third party” is a reference to a person that is not a party to this agreement;

        16. a reference to any thing is a reference to the whole and each part of it;

        17. a reference to a group of persons is a reference to all of them collectively and to each of them individually;

        18. words in the singular include the plural and vice versa; and

        19. a reference to one gender includes a reference to the other genders.

Private Policy 2023

Privacy Policy

Mears Concreting Pty Ltd (ABN 39 660 640 817) ("we", "us" or the "Company") is committed to privacy protection. At https://www.mearsconcreting.com.au/fpou4t8xobhlmlljwdss6efn59uia8 ("this site"), we understand the importance of keeping personal information private and secure. This privacy policy ("Privacy Policy") describes generally how we manage personal information and safeguard privacy. If you would like more information, please don't hesitate to contact us.

This Privacy Policy forms part of, and is subject to the provisions of, our Business Terms of Service.

We care about your privacy.

We will never rent, trade or sell your email address to anyone.

We will never publicly display your email address or other personal details that identify you.

The Australian Privacy Principles 

We will treat all personal information in accordance with any and all obligations that are binding upon us under the Privacy Act 1988 (Cth) (“Privacy Act”). The Privacy Act lays down 13 key principles in relation to the collection and treatment of personal information, which are called the “Australian Privacy Principles”.

What is "personal information"?

Personal information held by the Company may include your:

  • name and date of birth;

  • residential and business postal addresses, telephone/mobile/fax numbers and email addresses;

  • your computer and connection information; and

  • any information that you otherwise share with us.

How we may collect your personal information

At this site, we only collect personal information that is necessary for us to conduct our business as an established and skilled concreting and excavation business.

Information that you provide to us

We may collect personal information that you provide to us about yourself when you:

  • use this site, including (without limitation) when you:

  • add reviews, forum or chat room messages or comments in any elements of this site that permit user-generated content;

  • register for access to premium content or request certain premium features; or

  • complete an online contact form to contact us;

  • provide information to us by telephone or through marketing or competition application forms; or

  • send us an email or other communication.

IP addresses

This site may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. The Company collects and manages IP addresses as part of the service of providing internet session management and for security purposes. The Company may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, this site.

Cookies

This site uses "cookies" to help personalise your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this site: a persistent cookie and a session cookie. A persistent cookie is entered by your web browser into the "Cookies" folder on your computer and remains in that folder after you close your browser, and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer. Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. The Company extends the same privacy protection to your personal information, whether gathered via cookies or from other sources.

You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.

Why we use cookies

This site uses cookies in order to:

  • remember your preferences for using this site;

  • show relevant notifications to you (eg, notifications that are relevant only to users who have, or have not, subscribed to newsletters or email or other subscription services); and

  • remember details of data that you choose to submit to us (eg, through online contact forms or by way of comments, forum posts, chat room messages, reviews, ratings, etc).

Many of these cookies are removed or cleared when you log out but some may remain so that your preferences are remembered for future sessions.

Third party cookies

In some cases, third parties may place cookies through this site. For example:

  • Google Analytics, one of the most widespread and trusted website analytics solutions, may use cookies de-identified data about how long users spend on this site and the pages that they visit;

  • Google AdSense, one of the most widespread and trusted website advertising solutions, may use cookies to serve more relevant advertisements across the web and limit the number of times that a particular advertisement is shown to you; and

  • third party social media applications (eg, Facebook, Twitter, LinkedIn, Pinterest, YouTube, Instagram, etc) may use cookies in order to facilitate various social media buttons and/or plugins in this site.

How we may use your personal information

Your personal information may be used in order to:

  • verify your identity;

  • respond to any queries or feedback that you may have;

  • conduct appropriate checks for credit-worthiness and for fraud;

  • prevent and detect any misuse of, or fraudulent activities involving, this site;

  • conduct research and development in respect of our products and/or services;

  • gain an understanding of your information and communication needs or obtain your feedback or views about our products and/or services in order for us to improve them; and/or

  • maintain and develop our business systems and infrastructure, including testing and upgrading of these systems,

and for any other purpose reasonably considered necessary or desirable by the Company in relation to the operation of our business.

From time to time we may email our customers with news, information and offers relating to our own products/services or those of selected partners. Your personal information may also be collected so that the Company can promote and market products and services to you. This is to keep you informed of products, services, and special offers we believe you will find valuable and may continue after you cease acquiring products and services from us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request. You can unsubscribe from such communications at any time if you choose.

When we may disclose your personal information

For the purposes set out above, the Company may disclose your personal information to organisations outside the Company. Your personal information may be disclosed to these organisations only in relation to this site, and the Company takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. These organisations may carry out or provide:

  • customer enquiries;

  • mailing systems;

  • billing and debt-recovery functions;

  • information technology services;

  • marketing, telemarketing and sales services;

  • market research; and

  • website usage analysis.

In addition, we may disclose your personal information to:

  • your authorised representatives or legal advisers (when requested by you to do so);

  • credit-reporting and fraud-checking agencies;

  • credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision and financing);

  • our professional advisers, including our accountants, auditors and lawyers;

  • government and regulatory authorities and other organisations, as required or authorised by law;

  • organisations who manage our business strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our business risk and funding functions; and

  • the police or other appropriate persons where your communication suggests possible illegal activity or harm to others.

Contacting us about privacy

If you would like more information about the way we manage personal information that we hold about you, or are concerned that we may have breached your privacy, please contact us by email to jarred@mearsconcreting.com or by post.

Access to your personal information 

In most cases, you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the Australian Privacy Principles. All requests for access to your personal information must be directed to the Privacy Officer by email using the email address provided above or by writing to us at our postal address. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given. We may charge you a fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access.

In some cases, we may refuse to give you access to personal information that we hold about you. This may include circumstances where giving you access would:

  • be unlawful (eg, where a record that contains personal information about you is subject to a claim for legal professional privilege by one of our contractual counterparties);

  • have an unreasonable impact on another person’s privacy; or 

  • prejudice an investigation of unlawful activity.

We may also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings.

If we refuse to give you access, we will provide you with reasons for our refusal.

Correcting your personal information

We will amend any personal information about you that is held by us and that is inaccurate, incomplete or out of date if you request us to do so. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information that is held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.

Storage and security of your personal information

We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration. In our business, personal information may be stored both electronically (on our computer systems and with our website hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of our electronic information. Likewise, we take all reasonable measures to ensure the security of hard-copy information.

Third party websites

You may click-through to third party websites from this site, in which case we recommend that you refer to the privacy statement of the websites you visit. This Privacy Policy applies to this site only and the Company assumes no responsibility for the content of any third party websites.

Re-marketing

We may use the Google AdWords and/or Facebook re-marketing services to advertise on third party websites to previous visitors to this site based upon their activity on this site. This allows us to tailor our marketing to better suit your needs and to only display advertisements that are relevant to you. Such advertising may be displayed on a Google search results page or a website in the Google Display Network or inside Facebook. Google and Facebook may use cookies and/or pixel tags to achieve this. Any data so collected by Google and/or Facebook will be used in accordance with their own respective privacy policies. None of your personal Google and/or Facebook information is reported to us.

You can set preferences for how Google advertises to you using the Google Ads Settings page (https://www.google.com/settings/ads). Facebook has enabled an AdChoices link that enables you to opt out of targeted advertising.

Changes to this Privacy Policy 

From time to time, it may be necessary for us to revise this Privacy Policy. Any changes will be in accordance with any applicable requirements under the Privacy Act and the Australian Privacy Principles. We may notify you about changes to this Privacy Policy by posting an updated version on this site.

* * * *

If you require any further information about the Privacy Act and the Australian Privacy Principles, you can visit the Federal Privacy Commissioner’s website (see www.privacy.gov.au).