Website AND PROMOTIONS Terms AND CONDITIONS
These Terms of Use govern your access to and use of our websites (referred to as the “Site” or “Sites“), including but not limited to www.forkliftsaustralia.net.au and any other websites operated by Forklifts Australia and its subsidiaries.
By accessing or using our Sites, you agree to comply with these Terms of Use. The term “Forklifts Australia,” “we,” “us,” or “our” refers to Forklifts Australia and its subsidiaries. Please read these Terms of Use carefully before accessing or using our Sites. Your access to and use of the Sites is conditioned on your acceptance of and compliance with these Terms of Use.
The information contained is subject to change without notice.
Forklifts Australia has made reasonable efforts to ensure that the information provided on this website is accurate at the time of inclusion. However, there may be unintentional and occasional errors for which Forklifts Australia apologises. Forklifts Australia makes no representations, warranties, or assurances of any kind as to the accuracy, currency or completeness of the information provided. Forklifts Australia shall not be liable for any damages or injury resulting from your access to, or inability to access, this website, or from your reliance on any information provided at this website.
Forklifts Australia may utilise any Site to link to various connected websites operated by Forklifts Australia and its subsidiaries (“Connected Sites”). Despite any provisions in these Terms of Use, specific Connected Sites may be subject to additional or distinct terms and conditions. Should such additional or distinct terms and conditions be applicable, they will be published on the respective Connected Sites. In the event of a conflict between the terms of a Connected Site and these Terms of Use, the provisions of the Connected Site shall prevail. Unless expressly replaced or augmented as outlined herein, these Terms of Use govern all Connected Sites and regulate your usage thereof.
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
- using our Site to defame, harass, threaten, menace or offend any person;
- interfering with any user using our Site;
- tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
- using our Site to send unsolicited email messages; or
- facilitating or assisting a third party to do any of the above acts.
You are prohibited from using our Site, including the Content, in any way that competes with our business.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
All materials on this website are protected by copyright law. Unless otherwise stated, all content on this website is the intellectual property of Forklifts Australia.
Users are granted permission to browse the content, print excerpts, and create copies for personal use. However, the permanent storage or reproduction of any material from this website is strictly prohibited without prior consent from Forklifts Australia. For inquiries regarding reproduction rights, please contact us at [email protected]. It’s important to note that framing this site or any portion of it is not allowed without explicit permission.
Forklifts Australia and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our affiliates or licensors. Other names, logos, product and service names, designs and slogans on this Site are the trade marks of their respective owners and are used by us under licence.
Any links to third party web sites are provided solely for your convenience. Forklifts Australia has no control over the content of these web sites and make no endorsement of any of them. Please advise us if you consider any linked pages to be inappropriate, illegal or offensive.
Any enquiries should be directed to [email protected].
The information contained in this web site may include opinions or views which are not those of Forklifts Australia or any associated company or any person in relation to whom they would have explicit liability or responsibility.
By accessing or using any Site, you acknowledge that you have been informed of the respective Privacy Policy for that Site (accessible from: https://forkliftsaustralia.net.au/privacy-policy/). You understand and agree that your personal information will be collected, shared, and processed in accordance with the Privacy Policy.
To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
- they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
- access will be uninterrupted, error-free or free from viruses; or
- our Site will be secure.
You read, use and act on our Site and the Content at your own risk.
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Your use of our Site and these Terms are governed by the laws of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
These terms and conditions apply to all offers, coupons, promotions, and discounted rates promoted on this website and other branded materials issued by Forklifts Australia (each an “Offer”). Each Offer is subject to specific Offer Terms.
1 Applicability:
1.2 The Offer does not apply to any additional products or accessories outside those specified in the applicable Offer Terms.
1.3 The Offer is only available to customers trading with a Forklifts Australia entity in an Australian state.
1.4 Each Offer can only be redeemed with one company or brand and is non-transferable and non-refundable.
1.5 To claim the Offer, customers must reference both the Offer number and invoice number in writing to the email address shown in the footer of the invoice, at the time of receiving the original invoice.
2 Restrictions:
2.1 Subject to clause 1.3, the Offer cannot be applied to existing contracts or current customers.
2.2 The Offer is limited to one voucher per eligible product, per customer/ABN/ACN, for the duration of the promotion.
2.3 If the eligible product requires modifications for hire, the Offer may not apply. Forklifts Australia reserves the right to determine Offer applicability in such cases. For example, if a product is sourced externally, the Offer may not be valid. Customers may request written confirmation in advance regarding Offer eligibility.
2.4 If Forklifts Australia substitutes an eligible product for a non-eligible one, the Offer does not apply unless the eligible product is charged at its standard rate. Customers may seek written confirmation of Offer applicability for substituted products.
3 General:
3.1 Forklifts Australia may amend, withdraw or extend any Offer at its discretion.
3.2 Any disputes about the application of an Offer must be raised with Forklifts Australia within 14 days of:
3.2.1 Receiving the original invoice;
3.2.2 Requesting in writing for the Offer to be applied; or
3.2.3 Receiving a revised invoice with the Offer applied.
3.3 Offers cannot be used in conjunction with other offers, coupons, promotions, discounted rates, or where an eligible product replaces a non-eligible one at a lower price.
3.4 Where the Offer applies to a hire, it is subject to the customer complying with the Forklifts Australia Terms and Conditions of Hire and any relevant policies.
3.5 For capital sales, the Offer is subject to the customer complying with the Forklifts Australia Terms and Conditions of Sale and any applicable policies.
For inquiries regarding our privacy practises or information management, contact us on 13 8000 or email [email protected].
