MARKETPLACE TERMS AND CONDITIONS

These terms and conditions (Terms)are entered into between Surefire Group Pty Ltd ACN 639 809 199 t/a Surefire Hire(we, us or our) and you, together the Parties and each a Party. These Terms supplement and incorporate our privacy policy andwebsite terms of useposted on the Platform.

We provide a platform where people offering tools and machinery for hire (Owners) and people wanting to hire such tools and machinery (Hirers) can connect and transact (Platform). The Platform is available at www.surefirehire.com.au and via other channels or addresses including our mobile application.

In these Terms, you mean (as applicable) (1) the person or entity registered with us as either a Hirer or Owner; or (2) the individual accessing or using the Platform.

If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorized to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

Acceptance

You accept these Terms by registering on the Platform or using the Platform or the services.

You must be 16 years old to use the Platform. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf.

If you are a parent or legal guardian allowing a minor to access and/or use the Platform, you agree to (1) supervise the minor’s use of the Platform, (2) assume all risks associated with, and liabilities resulting from, the minor’s use of the Platform, (3) ensure that the content on the Platform is suitable for the minor, (4) ensure all information submitted to us by the minor is accurate and (5) provide the consents, representations, and warranties contained in these Terms on the minor’s behalf.

We may amend these Terms at any time, by providing written notice to you. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the Termination clause.

If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service, or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

Platform summary

The Platform is a marketplace where Hirers and Owners can find each other, and advertise, hire out and hire tools and machinery online. The tools and machinery that may be hired include anything from standard hand tools like saws and hammers, to power tools, to larger machinery like mowers and excavators. We provide the Platform to users (including hosting and maintaining the Platform), assist Hirers and Owners to form contracts for the hire of goods, and process payments between Hirers and Owners(together with the Surefire Hire Services). You understand and agree that we only make available the Platform and the Surefire Hire Services. We are not a party to any agreement entered into between a Hirer and answer and we have no control over the conduct of Owners, Hirers, or any other users of the Platform.

An Owner wanting to hire out goods creates an Account on the Platform and posts an accurate and complete description of the goods they can provide including accurate, up-to-date photos (which must be refreshed frequently to clearly show recent photos of the goods), photos of the tag if certain goods require testing and tagging, calendar availability setting out when the goods are available, and the geographical area in which the Owner is willing to meet with a Hirer for the delivery and pickup of the goods (Listing). Owners are responsible for keeping Listings (including calendar availability) up-to-date at all times. If Owners choose to require a security deposit for the hire of their goods, they must specify this in their Listing (Security Deposit). Owners are not allowed to ask for a Security Deposit (i) after a Booking (defined below) has been confirmed or (ii) outside of the Platform.

A Hirer wanting to hire goods creates an Account on the Platform to view and browse Listings.

A Hirer may request to hire goods described in a Listing by sending a request through the Platform. The request is an offer from the Hirer to the Owner to booking to hire the goods described in the Listing for the specified duration (HireRequest).

If the Owner accepts the Hire Request through the Platform, it becomes a Booking. Once a Booking has created the availability of the good/s will be updated in the Listing calendar, and Owners can manually update the availability of goods.

Owners must include all additional terms and conditions and instruction manuals relating to their goods in the relevant Listing or must clearly state that there are additional terms and conditions and/or instructions. By sending a Hire Request, a Hirer is accepting the additional terms and conditions of the relevant Owner.

We recommend that the parties complete a condition report for the goods at the beginning and end of each Booking.

Owner Responsibilities

As an Owner, you agree that:
(a) the goods are properly insured;
(b) you are the legal owner of the goods (or, if you are not the legal owner, you have all necessary approvals, authorities, and consents necessary to hire out the goods);
(c) the goods are available to be hired out on the dates specified;
(d) the description and photographs of the goods are true and accurate and that any flaws or defects are included in the Listing;
(e) you will update the Listing if there are any changes to the description of the goods;
(f) the goods are safe, compliant with any relevant safety standards, are of acceptable quality for hire, and are fit for purpose;
(g) you will provide the Hirer with all necessary operating or safety manuals relevant to the goods;
(h) you will liaise with the Hirer to arrange the delivery and pickup of the goods in accordance with the Booking; and
(i) we are not responsible for any theft or damage to the goods.

Hirer Responsibilities

As a Hirer, you acknowledge and agree that when you make a Booking:
(a) you are satisfied with the Listing description and believe the goods are fit for your purpose;
(b) you must only use the goods in a proper, safe, and careful manner and only for the purpose for which the goods are designed;
(c) the goods will remain in your care, custody, and control throughout the Booking and that you will not allow any other party to use and operate the goods;
(d) you will return the goods to the Owner at the end of the Booking in the same state and condition as when you took possession;
(e) use of the goods may require you to hold a valid driver’s license or other licenses and registrations;
(f) you will use the goods in accordance with any applicable laws;
(g) you will be responsible to pay all fines and infringements (including towing fees) incurred by you during the use of the goods;
(h) you must not infringe any third party rights (including property rights);
(i) to protect and maintain the goods and keep the goods in good condition throughout the duration of your Booking;
(j) you are responsible for any loss, incurred cost, theft, damage, vandalism, or destruction of or to the goods; and
(k) if you do not return the goods to the Owner at the end of the Booking, the Owner is entitled to obtain the return of the goods through any manner that is consistent with the law including by engaging a third party or through an order of the court. In addition, you agree to pay the Owner:

—— i. a fee equal to twice the Listing Fee that would have been paid for the period between the end of the Booking and when the goods are actually returned; and
—— ii. for any costs and expenses (including legal expenses) incurred by the Owner to obtain the return of the goods.

You must comply with the Owner’s instructions, including any instruction manual provided with the goods, and if you notice a fault or damage to the goods during a Booking, you must use the Platform to notify the Owner of such fault or damage. We encourage the parties to attempt to resolve issues relating to damaged goods between themselves. If it becomes apparent that there is a defect with the goods that did not arise due to the Hirer’s actions, the parties may agree to cancel the Booking in accordance with the Cancellation, Refund, and Variation Policy below.

Promotional Opportunities

As an owner, you may choose to purchase promotional opportunities, such as a feature in our email marketing or placement on our home page (Promotional Opportunity). Promotional Opportunities are subject to the fees and the terms and conditions as set out in any Promotional Opportunity offer and displayed on the Platform or otherwise communicated to you. Payment for any Promotional Opportunity must be made in advance. We do not make any representations, warranties, or guarantees that any Promotional Opportunity will be fit for any particular purpose, will achieve any specified result, or will provide any benefit. In the event of any conflict between any Promotional Opportunity terms and conditions and these Terms, the Promotional Opportunity terms and conditions will prevail.

Accounts

You can browse the Platform without creating an account but you must register on the Platform and create an account (Account) to access the Platform’s features.

You may have 1 Account on the Platform which you can use as an owner and another Account that you can use as a Hirer.

You must provide basic information when registering for an Account including your business name, contact name, email address, and identity documentation such as a driver’s license or passport, and you must choose a password.
Once you have registered an account, your Account information will be used to create a profile which you may then curate.

You agree to provide accurate, current, and complete information during the registration process and regularly update such information to keep it accurate, current, and complete.

Your Account is personal and you must not transfer it to others, except with our written permission. If a legal entity such as a company has created an account, you, the legal entity, are the Account Owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account Owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.

You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including payments made using your account details. You agree to immediately notify us of any unauthorized use of your Account.

We may make access to and use of certain parts of the Platform subject to conditions or requirements, including cancellation history, quality of the goods, and threshold of reviews.

Communication

We may contact you via the Platform using in-Account notifications.

Hirers and Owners can communicate privately using our private messaging service once a Booking has been made to discuss the delivery and pick up of the goods. Hirers and Owners must not organize the provision of the goods of the Platform.

Payment

It is free to register an Account on the Platform or for other users to review content on the Platform, including Listings.

As a Hirer, you agree to pay the relevant fees set out in the Listing, including the Security Deposit if applicable,(Listing Fees) at the time you make a Hire Request.

In consideration for providing the Platform, we will charge the service fees (including any third party payment processing fees)as set out on the Platform (Service Fee). To the extent permitted by law, our Service Fee is non-refundable, includes the payment processing fee, and will be included in the Listing Fees.

While up-to-date fees are available on the Platform, below is an example of the breakdown of our Service Fee:

Daily Listing Fees Service Fee (as a percentage of the Daily Listing Fees)
Up to $100 15%
$101 – $500 15%
$500 or more 15%

All amounts are stated in Australian dollars and are exclusive of Australian GST (where applicable).

If you are an owner, you appoint us as your limited payment collection agent solely for the purpose of accepting the Listing Fees from the relevant Hirer. We will hold the Listing Fees for 72 hours up to 14 days after the end of the Booking. You agree that we will not be required to pay you any amount until we have received the Listing Fees from the relevant Hirer, that we will deduct our Service Fee from any Listing Fees we receive, and that we may grant refunds to Hirers in accordance with these Terms. If during these times no dispute has been raised by the Hirer or the Owner, the Listing Fees will then be automatically paid to the Owner after deduction of our Service Fee, and the Security Deposit will be returned to the Hirer.

General

We provide a number of payment methods on the Platform, including our third-party payment processor, currently Paypal. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third-party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.

In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorized to use the debit card or credit card to make the payment, that your payment will be honored by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.

Cancellation, Refund and Variation Policy

The cancellation, refund, or variation of any goods hired on this Platform is a matter between the relevant Hirer and Owner, subject to the following clauses, and Owners and Hirers must notify us of any cancellation, refund, or variation via the Platform.

If (1) a Hirer and Owner mutually agree to cancel a Booking at least 24 hours before the Booking start time; or (2) following reasonable attempts by a Hirer to contact owner for the Owner to fulfill the Booking, the Booking is canceled; or (3) the Hirer and Owner mutually agree to cancel a Booking that is underway because the hired goods are defective; and (4) we are satisfied that the Listing Fees should be returned to the Hirer, we will return the Listing Fees to the Hirer, provided that the Listing Fees have not yet been paid to the Owner.

Variation: If a Hirer and Owner mutually agree (after discussion via the Platform) to vary a Booking by extending the period of time the good/s is booked for, the Owner can charge a fee (Variation Fee) through the Platform which the Hirer must pay.

For disputes between Hirers and Owners, we encourage the parties to attempt to resolve disputes (including claims for returns or refunds) with the other party directly and in good faith on the Platform. In the event that a dispute cannot be resolved through these means, the parties may choose to resolve the dispute in any manner agreed between the parties or otherwise in accordance with applicable laws.

Reviews

Owners may review their experience with the Hirer on the Platform, and Hirers may review their experience with the Owner on the Platform, including the goods (each a Review).
Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.

You agree to provide true, fair, and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive, or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

You can write a Review about an owner if you have had an experience with that Owner, which means that (1) you have engaged the Owner through the Platform; or (2) you can otherwise document your interaction with the Owner in relation to the Platform, including via correspondence (collectively referred to as a Hirer Experience).

You can write a Review about a Hirer if you have had an experience with that Hirer, which means that (1) you have been engaged by the Hirer through the Platform; or (2) you can otherwise document your interaction with the Hirer in relation to the Platform, including via correspondence (collectively referred to as an owner Experience).

You may not write a review about an Owner if the Owner is a business you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that business, or work for the business. Similarly, you may not write a Review about a direct competitor to the business you own, are employed by, or work for.

Your Hirer Experience or Owner Experience must have occurred in the 3 months prior to you writing a Review.
You may only write about your own Hirer Experience or Owner Experience. You are not permitted to write a Review about somebody else’s Hirer Experience or Owner Experience, such as that of a family member or friend.

Content

We may allow you to (1) post, upload, publish, send or receive relevant content and information, including Reviews (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (Surefire Hire Content and together with User Content, Content).

Unless otherwise indicated, we own or license all rights, title, and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title, or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable license to download and use our Platform on your personal device and access and view any Content, in accordance with these Terms. All other uses are prohibited without our prior written consent.

You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable right and license to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any liability that we may suffer, incur, or otherwise become liable for, arising from or in connection with the user content you make available on or through the Platform, including as a result of an Intellectual Property Breach.

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 is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Warranties

You represent, warrant, and agree that:

(a) you will not use our Platform, including the Content, in any way that competes with our business;
(b) there are no legal restrictions preventing you from entering into these Terms;
(c) all information and documentation that you provide to us in connection with these Terms are true, correct, and complete;
(d) you have not relied on any representations or warranties made by us in relation to the Platform(including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
(e) you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of thePlatform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform; and
(f) where you are an owner, you are responsible for complying with all laws, rules, and regulations which apply to providing the goods in your Listings.

Australian Consumer Law

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees, and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).

If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work, and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in the statute, at law, or on any other basis.

As a Hirer, the goods provided by an owner may also confer on you certain rights under the ACL.

This clause will survive the termination or expiry of these Terms.

Exclusions to liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any liability caused or contributed to by, arising from, or connected with:
(a) your(or your personnel’s) acts or omissions;
(b) any use or application of the Surefire HireServices by a person or entity other than you, or other than as reasonably contemplated by these Terms;
(c) any aspect of the Hirer and Owner interaction including the goods offered by the owner, the description of the goods requested or offered, any advice provided, or supply and delivery of goods by the Owner.
(d) any works, services, goods, materials or items which do not form part of the Surefire HireServices (as expressed in these Terms), or which have not been provided by us;
(e) any third parties or any goods and services provided by third parties, including customers, end-users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
(f) the Surefire HireServices being unavailable, or any delay in us providing the Surefire HireServices to you, for whatever reason; and/or
(g) any event outside of our reasonable control.
This clause will survive the termination or expiry of these Terms.

Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law:

(a) we will not be liable for Consequential Loss;
(b) our liability for any liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you or your personnel; and
(c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Surefire Hire Services to you or, in our sole discretion, to us repaying you the amount of the Service Fees paid by you to us in respect of the supply of the Surefire Hire Services to which the Liability relates, or where there are no Service Fees paid $100.

This clause will survive the termination or expiry of these Terms.

Termination

Your Account and these Terms may be terminated by you at any time, using the ‘Cancel Account’ functionality (or similar) in the Account page section of your Account Settings.

We may suspend your Account or terminate these Terms immediately upon written notice to you, if:

(a) you (or any of your personnel) breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;
(b) you repeatedly receive negative reviews;
(c) there is any reason outside our control which has the effect of compromising our ability to provide the Surefire HireServices; or
(d) you are unable to pay your debts as they fall due.

These Terms will terminate immediately upon written notice by you if we:

(a) are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or
(b) are unable to pay our debts as they fall due.
Upon expiry or termination of these Terms:
(a) we will remove your access to the Platform;
(b) we will immediately cease providing the Surefire HireServices;
(c) you agree that any payments made by you to us are not refundable to you;
(d) where you are a Hirer, we will cancel any existing Bookings, you will lose any ListingFees and other amounts paid, and any goods owned by an Owner that is in your possession must be returned to the Owner immediately. Where you are an owner, we will cancel any existing Bookings and refund the relevant Hirers. Where you are a Hirer, you will lose any Listing Fees and other amounts paid; and
(e) where we terminate the Terms for any reason, you also agree to pay us our additional costs arising from, or in connection with, such termination.

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

This clause will survive the termination or expiry of these Terms.

Owner insurance

As an owner, we may request that you provide evidence of your insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the goods you choose to provide to Hirers. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

Notice regarding Apple

To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims to arise under consumer protection or similar legislation.

Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

General

Assignment:You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.

Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Hirer and us, or anOwner and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree on how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Queensland Law Society to appoint a mediator. The mediator will decide the time, place, and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

Governing law: These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment, or agency relationship(except to the extent set out in the Payment clause as limited payment collection agent) between the Parties.

Severance: If a provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Definitions

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use, and/or loss or corruption of data, whether under the statute, contract, equity, tort (including negligence), indemnity or otherwise.

Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights(or any breaches of third party rights including any Intellectual Property Rights of third parties).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under the statute, contract, equity, tort (including negligence), indemnity, or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:
Surefire GroupPty Ltd ACN 639 809 199 t/a Surefire Hire
Email: enquiries@surefirehire.com.au
Last update:28 April 2020
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