1. Terms and Conditions of Use 

These terms and conditions apply to the entire contents of the website under the domain name https://www.bigyellowsafety.com.au/ (“Website”). Please read these terms carefully before using this Website. References to “us,” “we,” “our” or similar derivations refer to Industryus Group Pty Ltd as trustee trading as Big Yellow Safety ABN 55 153 977 060 (Big Yellow Safety), the owner and operator of the Website. Your attention is in particular drawn to paragraphs 5 and 6 of these terms and conditions. Using this Website indicates that you accept these terms and conditions together with our Privacy Policy and all applicable laws and regulations regardless of whether or not you choose to use our services. If you do not accept these terms and conditions, do not use this Website. You should print a copy of these terms and conditions for future reference. 

2. Service access 

While we endeavour to ensure that this Website is available 24 hours a day, we shall not be liable if for any reason this Website is unavailable at any time or for any period. 

We give no warranties as to the availability, performance or accessibility of the Website. 

Access to this Website may be suspended temporarily and without notice at our discretion including without limit in the case of system failure, maintenance or repair or for reasons beyond our control. 

Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms or we otherwise consider it appropriate, we may immediately and without notice, suspend or terminate your access to the website, or any part of it. 

3. Collection and Use of Personal Information 

You may need to register to use our website. When you register you will provide us with personal information such as your name and email address. We will handle all personal information we collect in accordance with our privacy policy, available at https://www.bigyellowsafety.com.au/privacy-policy/ and the applicable law including the Privacy Act 1988 (Cth). 

When you register your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username. 

We may otherwise collect personal information about you in order to provide our services and for other purposes as detailed in our privacy policy and required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services, such as information technology suppliers, communication suppliers, finance providers and our business partners. 

We will handle all personal information we collect in accordance with our privacy policy and the applicable law. Our privacy policy explains: 

(a) how we store and use, and how you may access and correct your personal information; 

(b)  how you can lodge a complaint regarding the handling of your personal information; and 

(c)  how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us on hello@bigyellowsafety.com.au.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the privacy policy and these terms. 

4. Links and Advertisements 

Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed these third party websites and do not control and are not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. 

We reserve the right to display advertisements on the Website and on your login pages of third party products and/or services which may be of interest to you. Please be aware that the products and services advertised are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services and that you agree to the third party’s terms and conditions before contracting with them. We accept no liability for any products or services or information provided by third party providers. 

If you would like to create a link to this Website, you may only do so with our prior written consent. 

5. Disclaimer 

While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the services provided on it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. 

The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website. 

We make no representation or warranty that the website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the website is not illegal or prohibited, and for your own compliance with applicable local laws. 

6. Liability 

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude: 

–  All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

–  Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: 

  • Loss of income or revenue; 
  • Loss of business; 
  • Loss of profits or contracts; 
  • Loss of anticipated savings; 
  • Loss of data; 
  • Loss of goodwill; 
  • Wasted management or office time; and 
  • for any other loss or damage of any kind, however arising and whether
    caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. 

Any transmission of data to the Website is at your own risk. You accept the inherent security risks of providing information and dealing online over the internet. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. We will not be held responsible for any breach of security unless this is due to our negligence.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select from our website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

Our website may contain links to websites operated by third parties. Such links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on linked third party websites and have no control over or rights in linked third party websites.

You have read this disclaimer and agree to it on the basis that you agree it is reasonable.

7. Indemnity 

You agree to indemnify, defend and hold harmless Industryus Group Pty Ltd in its own capacity and as trustee, Big Yellow Safety, its directors, officers, employees, consultants, agents, and affiliates and any associated group of companies, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Website, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form. 

8. Intellectual Property 

Our website and its content including our products, may represent or contain intellectual property owned by us, including trademarks, copyrights and proprietary information. 

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent. 

9. Governing law and jurisdiction 

These terms, and any dispute relating to these terms or the website, are governed by and must be interpreted in accordance with the laws of the State of Queensland, Australia. Each party submits to the non exclusive jurisdiction of the courts of the State of Queensland, Australia in relation to any dispute connected with these terms or the website. 

For us to waive a right under these terms, the waiver must be in writing. 

If any part or provision of these terms is or becomes illegal, unenforceable or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.