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Terms and conditions

Preliminary
1. These terms and conditions apply to and form part of any agreement between Epic Inspections Pty Ltd ACN 645 787 677 (Company) and you for the supply of the Services.

2. By registering for the Services and signing up to the Portal, you acknowledge that you have read and understood these terms and conditions and you agree to be bound by them.

3. The Company may vary these terms and conditions at any time without notice to you. The variations will apply from the date the varied terms and conditions are posted on the Company’s website. However, the Company will not vary these terms and conditions so as to retrospectively increase your liability to the Company for fees without your prior consent.

Definitions
4. In these terms and conditions (and where the context permits), the singular includes the plural and vice versa, and a reference to:

(a) “Add-on Services” means any Service in addition to the Gas Safety Checks, Servicing and Compliance Service, Electrical Safety Checks, Servicing and Compliance Service, Smoke Alarm Safety Checks, Servicing and Compliance Services and Guaranteed Services.

(b) “Annual Fee” means the fee payable per Property, per year for the Services, as set out in these terms and conditions and as amended from time to time.

(c) “Applicable Laws” means the laws and regulations as applicable in each State and Territory in Australia relating to the Services and where the Property is located.

(d) “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

(e) “Cleat” means a device that has a bar with arms around which a Cord can be wound, and that can be attached to a wall or other structure.

(f) “Company” means Epic Inspections Pty Ltd ACN 645 787 677.

(g) “Cord” means a rope, strap, string, chain, line, or wire used to manipulate a corded internal window covering.

(h) “Corded Blind” means a corded internal window covering that is (a) a window covering, such as a curtain or blind or (b) fittings used with a window covering, such as a traverse rod or track, that can be used inside a building and has a Cord.

(i) “Corded Blind Services” means the services described in clause 10 as amended from time to time.

(j) “Gas appliance” means appliances at the Customer’s property such as, but not limited to, cooktop, indoor gas heater, mains-connected barbeque (BBQ), hot water unit, log fire and pool heating.

(k) “Gas Safety Checks, Servicing and Compliance Service” means collectively, or either of the following as context requires:

(i) checks that LPG cylinders and associated gas components are installed correctly.

(ii) appliance gas isolations are installed where required by AS/NZS 5601.1, amended from time to time according to changes in standards.

(iii) gas appliances and their components are accessible for servicing and adjustment.

(iv) gas installation is electrically safe.

(v) clearances from appliances to combustible services are in accordance with installation instructions (where available) and AS/NZS 5601.1, amended from time to time according to changes in standards.

(vi) adequate ventilation for appliances to operate safely.

(vii) gas appliances are adequately restrained from tipping over.

(viii) checking the condition of has appliance flue systems including chimneys.

(ix) checking gas appliances for evidence of certification

(x) checking the condition of PEX piping (if any) and adding protective covering for PEX piping upto 500mm.

(x1) testing gas installations for leakage and servicing gas appliances as listed in clause 7.

(xi) digital gas safety and compliance report created after a Gas Safety Checks, Servicing and Compliance Service service is completed.

(l) “GST” has the same meaning as in the GST Act.

(m) “GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth)

(n) “Electrical Appliance” means appliances at the Customer’s property such as but not limited to electric rangehood, electric heater, electric air conditioner, refrigerator, electric oven, electric hot water unit, electric cooktop, or electric hot plates.

(o) “Electrical Safety Checks, Servicing and Compliance Service” means collectively, or either of the following as context requires:

(i) electrical safety check, including checking damage to plugs, cables and casing, on all electrical appliances described in clause 5(a).

(ii) switchboard condition and electrical safety check.

(iii) earth loop and polarity tests of all accessible power sockets.

(iv) digital electrical safety and compliance report created after an Electrical Safety Checks, Servicing and Compliance Service service is completed.

(p) “Guaranteed Services” means the services described in clause 7, as amended from time to time.

(q) “Personnel” means the officers, employees, consultants, contractors, and agents of the Company.

(r) “Portal” means the online portal you will have access to when you register for the Services and as long as you are a customer of the Company.

(s) “Products” means any products covered by the Services provided under these terms and conditions as amended from time to time.

(t) “Property” means a residential property registered for the Services and will specifically exclude the types of properties described in clause 7(c).

(u) “Report” means the digital report sent to you after the completion of the Services detailing the particulars of the inspection carried out on the Property, including any incident reports (if any). These digital Reports will be sent to the email address provided by you and will be resent upon request, whilst you are registered for the Services.

(v) “Services” mean Company’s services as described in these terms and conditions and provided on the Company’s website from time to time, including the Gas Safety Checks, Servicing and Compliance Service, Electrical Safety Checks, Servicing and Compliance Service, Smoke Alarm Safety Checks, Servicing and Compliance Services and Guaranteed Services and Add-on Services.

(w) “Service Date” means the date the first inspection was performed on the Property and each anniversary of this date.

(x) “Service Year – Gas Safety Checks, Servicing and Compliance Service” means the 24-month period commencing the Service Date for Gas Safety Checks, Servicing and Compliance Service in each calendar year.

(y) “Service Year – Electrical Safety Checks, Servicing and Compliance Service” means the 24-month period commencing the Service Date for Electrical Safety Checks, Servicing and Compliance Service in each calendar year.

(z) “Service Year – Smoke Alarms” means the 12-month period commencing the Service Date for Smoke Alarm Safety Services in each calendar year.

(aa) “Smoke Alarm” means collectively, or either of the following as context requires:

(i) a smoke alarm or detector that is detachable, portable, battery powered smoke alarm (Wireless Smoke Alarm);

(ii) a smoke alarm or detector that is 240v mains powered and is hard wired to the mains (Wired Smoke Alarm).

(bb) “Smoke Alarm Safety Checks, Servicing and Compliance Service” means an inspection service carried out on the Smoke Alarms on the Property as described in clause 9 as amended from time to time.

(cc) “Taxable Supply” has the same meaning as in the GST Act.

(dd) “Tax Invoice” has the same meaning as in the GST Act.

Registration

2. When you register for the Services, you:

(a) undertake that you have the authority to register for the Services;

(b) undertake that you have authority or have obtained authority from the owner or occupier of the Property to grant access to the Property for the Company to perform the Services;

(c) undertake that you have an obligation to pay the Company for the Services as provided in these terms and conditions;

(d) consent to our collection, use and disclosure of your personal information as set out in our privacy consent form.

Services

3. Portal

(a) When you register for the Services, you are given access to the online customer Portal, which you can access using personalised login credentials provided by the Company.

(b) The Portal allows you to manage the Services by, among other things;

(i) booking inspections via the Portal;

(ii) accessing your booking history;

(iii) accessing and confirming future bookings;

(iv) maintaining a record of your invoices, which can be downloaded via the Portal, whilst you are registered for the Services.

4. Gas Safety Checks, Servicing and Compliance Service

(a) The Company will undertake biennial (every 2 years) gas safety checks of all landlord-supplied appliances. This includes, but not limited to:

(i) LPG cylinders and associated gas components are installed correctly;

(ii) appliance gas isolations are installed where required by AS/NZS 5601.1, amended from time to time according to changes in standards;

(iii) gas appliances and their components are accessible for servicing and adjustment;

(iv) gas installation is electrically safe;

(v) clearances from appliances to combustible surfaces are in accordance with installation instructions (where available) and AS/NZS 5601.1, amended from time to time according to changes in standards;

(vi) adequate ventilation for appliances to operate safely;

(vii) gas appliances are adequately restrained from tipping over;

(viii) checking the condition of has appliance flue systems including chimneys;

(ix) checking gas appliances for evidence of certification.

(b) The Company will undertake biennial (every 2 years) testing gas installations for leakage.

(c) The Company will undertake biennial (every 2 years) servicing of gas appliances as follows:

(i) a clean of all dust and debris from appliances including burner, pilot, fan, filters and air intakes;

(ii) a check of the integrity of the heat exchanger;

(iii) a check of the gas supply and appliance operating pressures;

(iv) a check that the gas appliance burner ignition is reliable and complete;

(v) a check for any gas appliance flame abnormality;

(vi) a check of the operation of the gas appliance, including safety devices;

(vii) a combustion spillage test in accordance with Appendix F of AS4575 “Gas appliances—Servicing of Type A appliances”, as published or amended from time to time, after service or repair of the heater.

(d) The Gas Safety Checks, Servicing and Compliance Service will expressly and specifically exclude the following types of appliances:

(i) appliances supplied by the renter(s).

(e) The Company will provide a digital record of a gas safety check including the following information after completion of a scheduled service and on request by the renter(s):

(i) the name of the licensed or registered gasfitter who conducted the check;

(ii) the licence or registration number of the licensed or registered gasfitter who conducted the check;

(iii) the date the check was conducted;

(iv) the results of the check, including any servicing and repairs required and actions taken to address the repair;

(f) The Company will keep a digital record of the gas safety check until a record of the next gas safety check is created;

(g) The Company will provide a digital copy of the most recent gas safety check to the renter(s) within 7 days after receipt of a written request from the renter(s).

(h) The Gas Safety Checks, Servicing and Compliance Service will specifically exclude the following types of properties:

(A) buildings with more than 3 levels;

(B) all apartment buildings;

(C) blocks of flats, unless they are standalone units;

(D) rooming houses;

(E) dwellings attached to or adjoining shops; and

(F) properties used as:

boarding houses, hostels, guest houses, motels or hotels;

schools;

aged care or disabled care homes; and

offices.

5. Electrical Safety Checks, Servicing and Compliance Service

(a) The Company will undertake biennial (every 2 years) electrical safety checks of all landlord-supplied appliances. This includes, but not limited to:

(i) electric oven;

(ii) electric hot water unit;

(iii) electric cooktop or electric hot plates;

(iv) electric rangehood;

(v)  electric heater;

(vi) electric air conditioner;

(vii) refrigerator.

(b) The Electrical Safety Checks, Servicing and Compliance Service will include:

(i) electrical safety check, including checking damage to plugs, cables and casing, on all electrical appliances described in clause 8 (a).

(ii) switchboard condition and electrical safety check.

(iii) earth loop and polarity tests of all accessible power sockets.

(c) The Electrical Safety Checks, Servicing and Compliance Service will expressly and specifically exclude the following types of appliances:

(i) appliances supplied by the renter(s). This includes any renter(s) supplied appliances listed in Clause 8 (a);

(ii) any solar installations.

(d) The Company will provide a digital record of the electrical safety check including the following information after completion of a scheduled service and on request by the renter(s):

(i) the name of the licensed or registered electrician who conducted the check;

(ii) the licence or registration number of the licensed or registered electrician who conducted the check;

(iii) the date the check was conducted;

(iv) the results of the check, including any servicing and repairs required and actions taken to address the repair;

(e) The Company will keep a digital record of the electrical safety check until a record of the next electrical safety check is created;

(f) The Company will provide a digital copy of the most recent electrical safety check to the renter(s) within 7 days after receipt of a written request from the renter(s).

(g) The Electrical Safety Checks, Servicing and Compliance Service will specifically exclude the following types of properties:

(A) buildings with more than 3 levels;

(B) all apartment buildings;

(C) blocks of flats, unless they are standalone units;

(D) rooming houses;

(E) dwellings attached to or adjoining shops; and

(F) properties used as:

boarding houses, hostels, guest houses, motels or hotels;

schools;

aged care or disabled care homes; and

offices.

(h) Electrical appliances, installations, fittings such as power sockets and cables must be accessible to be included in an Electrical Safety Checks, Servicing and Compliance Service. For clarity and avoidance of doubt, accessible means appliances, installations and fittings must not be under the house, on the roof or in the roof cavity or blocked or obscured by items at the Property that cannot be moved due to weight, risk of damage to floor or any surfaces, hardwired or at a certain height. Should an installation, fitting or an appliance not be accessible, the Electrical Safety Checks, Servicing and Compliance Service will not be provided for that installation, fitting, or appliance.

6. Smoke Alarm Safety Checks, Servicing and Compliance Service

(a) The Company will undertake an annual compliance and maintenance inspection of each Smoke Alarm on the Property (Smoke Alarm Safety Checks, Servicing and Compliance Service) on or after the Service Date. The inspection will include the following:

(i) cleaning, running smoke and button tests and checking status relative to each Smoke Alarm’s expiry period;

(ii) inspecting and replacing (as required) the batteries on all Smoke Alarms at a Property;

(iii) assessing the placement and functionality of each Smoke Alarm against the requirements of the Applicable Law;

(iv) replacing or rectifying non-compliant, faulty or expired Smoke Alarms;

(v) issuing a certificate of electrical safety by a licensed electrician where a new Wired Smoke Alarm is connected, or a faulty Wired Smoke Alarm is replaced or repaired, as required.

(b) The Smoke Alarm Safety Checks, Servicing and Compliance Services will exclude Smoke Alarms linked to a fire indicator panel or security system. For clarity and avoidance of doubt, if such a Smoke Alarm is found at a property, the service will not proceed and you will be notified via email.

(c) The Company will keep a digital record of the smoke alarm safety check until a record of the next gas safety check is created;

(d) The Company will provide a digital record of the most recent smoke alarm safety check to the renter(s) within 7 days after receipt of a written request from the renter(s).

(e) The Smoke Alarm Safety Checks, Servicing and Compliance Services will only be available for Smoke Alarms fitted in residential properties and specifically excludes Smoke Alarms fitted in the following types of properties:

(A) buildings with more than 3 levels;

(B) all apartment buildings;

(C) blocks of flats, unless they are standalone units;

(D) rooming houses;

(E) dwellings attached to or adjoining shops; and

(F) properties used as:

boarding houses, hostels, guest houses, motels or hotels;

schools;

aged care or disabled care homes; and

offices.

(f) The Company will always dispatch a technician (who is not an authorised electrician) to attend the Property for inspection, unless you notify the Company at the time of booking the inspection that the Property is fitted with Wired Smoke Alarms that are non-compliant or faulty, in which case an authorised electrician will be booked to perform the inspection at no additional cost.

(g) Where a Wired Smoke Alarm needs to be replaced and an authorised electrician is not on site, a Wireless Smoke Alarm will be installed close to the position of any faulty Wired Smoke Alarm until an authorised electrician attends to the replacement, at no additional charge to you. The Wireless Smoke Alarm will be removed by the authorised electrician.

(h) During an inspection if it is determined that the Smoke Alarm on the Property has been interfered with, altered, or modified in any way by a third party, an additional fee of $30 (plus GST) will be chargeable, at the Company’s discretion.

(i) Subject to clause 31, the Smoke Alarms installed on the Property by the Company will have a 1 year manufacturers’ warranty. The warranty period commences from the date of installation.

7. Guaranteed Services

The following Services are included in the Annual Fee and are available during the Service Year:

(a) Free service callouts (only between 8am and 6pm from Monday through to Friday) to the Property to repair or replace faulty Smoke Alarms or perform an inspection before the commencement of a new lease on the Property, as required (Guaranteed Callout); and

(b) Free replacements of faulty, expired, or non-compliant Smoke Alarms on the Property during an inspection.

(c) For each property that has received our Gas Safety Checks, Servicing and Compliance Service, service callouts will be provided at no additional charge to the Owner for a period of 24 months from the date of the last Gas Safety Checks, Servicing and Compliance Service, expressly and specifically excluding recurring faults in a Gas Appliance where the Owner has declined recommended rectification of the recurring fault. The Guaranteed Services being:

(i) Guaranteed callouts for Gas Appliance faults including pilot light re-lighting, UV exposure protection for synthetic piping and thermocouple replacements.

(d) For each property that has received our Electrical Safety Checks, Servicing and Compliance Service, service callouts will be provided at no additional charge to the Owner for a period of 24 months from the date of the last Electrical Safety Checks, Servicing and Compliance Service, expressly and specifically excluding recurring faults in an Electric Appliance where the Owner has declined recommended rectification of the recurring fault. The Guaranteed Services being:

(i) Guaranteed callouts for electrical safety issues relating to Electrical Appliance as part of our Electrical Safety Checks, Servicing and Compliance Service including switchboard, circuit breaker, power socket or safety switch faults. This excludes general faults in an Electrical Appliance, lighting fixtures and all inaccessible fittings, installations, or appliances. Also expressly excluded are faults caused by circuit overloads causing the safety switch to trip.

(ii) Replacement of faulty or damaged safety switches, standard light switches, standard power sockets, fuses, and circuit breakers. This excludes light globe replacements.

(e) For clarity and avoidance of doubt, if a Property becomes an excluded Property in respect of Smoke Alarm Compliance Service, Gas Safety Checks, Servicing and Compliance Service or Electrical Safety Checks, Servicing and Compliance Service, the Guaranteed Service is void from that date.

Add-on Services

8. Corded Blind Services

(a) The Company offers inspection of Corded Blinds on the Property (Corded Blind Services), which you can request as an add-on service to be conducted at the time that a Smoke Alarm inspection is performed on the Property. These Services include the following:

(i) inspecting the Corded Blinds on the Property to confirm compliance with the Applicable Laws;

(ii) ensuring the Cleat is properly fastened;

(iii) ensuring the Cord is not wrapped around the Cleat;

(iv) issuing a digital Report.

(b) The Corded Blind Services excludes the following:

(i) replacement of missing or non-compliant warning labels or wing tags;

(ii) replacement of roller mechanisms and Cords;

(iii) cord shortening;

(iv) rectification of any damage to walls or other surfaces connected to the Corded Blinds, unless caused by us.

(c) For clarity and avoidance of doubt, the Corded Blind Services do not include additional callouts during the Service Year and is not available unless specifically requested by you.

9. The Company may offer new or additional services from time to time. Your use of those new services may be subject to different terms and conditions to these. Provided the terms and conditions governing the new services are notified to you, your breach of a material provision of those terms and conditions will amount to a breach of these terms and conditions as well.

Fees and Payment

10. You agree to pay the Company the amount invoiced by the Company for the Services in accordance with these terms and conditions.

11. The fees are as follows:

SERVICE FEE

One-Stop Home Safety Package VIC

This services package contains:

  • Electrical Safety Checks, Servicing and Compliance Service
  • Gas Safety Checks, Servicing and Compliance Service
  • Smoke Alarm Safety Checks, Servicing and Compliance Services

For a Property with no gas appliances, Annual Fee of $200.00 (plus GST) per annum, per Property.

For a Property with 1 gas appliance, Annual Fee of $250.00 (plus GST) per annum, per Property.

For a Property with 2 or more gas appliance, Annual Fee of $350.00 (plus GST) per annum, per Property.

Once-off setup fee of $200 (plus GST) will be charged in addition to the above fee.

Electrical Safety Checks, Servicing and Compliance Service

$250.00 (plus GST) per Property, every 2 years.

Once-off setup fee of $100 (plus GST) will be charged in addition to the above fee.

Gas Safety Checks, Servicing and Compliance Service

 

For a Property with 1 gas appliance, $250.00 (plus GST) per Property, every 2 years.

For a Property with 2+ gas appliances, $300.00 (plus GST) per Property, every 2 years.

Once-off setup fee of $100 (plus GST) will be charged in addition to the above fee.

Electrical Safety Checks, Servicing and Compliance Service

and

Gas Safety Checks, Servicing and Compliance Service

For a Property with 1 gas appliance, $250.00 (plus GST) per Property, every 2 years.

For a Property with 2+ gas appliances, $330.00 (plus GST) per Property, every 2 years.

Once-off setup fee of $150 (plus GST) will be charged in addition to the above fee.

Smoke Alarm Safety Checks, Servicing and Compliance Services

For a Property with non-interconnected alarms, $99.00 (plus GST) per annum, per Property.

For a Property with non-interconnected alarms, $129.00 (plus GST) per annum, per Property.

Corded Blind Services (add-on service) $50.00 (plus GST) per Property, per year

If during a service callout, the batteries of a Smoke Alarms are found to be removed, an additional fee will be charged to replace the batteries

For the avoidance of doubt, routine replacements of batteries under the Smoke Alarm Compliance Services and Guaranteed Services for a Services Year will be free of charge.

$10.00 (plus GST) will be charged per battery found missing from a Smoke Alarm on the Property

12. The fees will be payable 14 days from the date the inspection or the date you receive an invoice, whichever is later.

13. The Company reserves the right to amend the fees at any time. You will be provided 14 days’ notice of any change to the fees and such changes will take effect from the next Service Year.

Booking Services

14. You may use one of the following methods to schedule the Services with the Company:

(a) booking via the Customer Portal | Epic Inspections;

(b) book online via the booking page on the Website;

(c) email the Company on contact@epicinspections.com.au; or

(d) call the booking hotline on 1300 000 160.

Termination

15. You may terminate the Services at any time for any reason with notice to the Company, unless you have scheduled an inspection, in which case you must inform the Company of your intention to terminate 14 days before the scheduled inspection date.

16. You will be liable to pay a termination fee of $30.00 (plus GST) for breach of the notice requirement in clause 18. This termination fee will be payable within 7 days of the invoice date.

17. The Company may terminate the Services in the following circumstances:

(a) where the Company is called out to a Property to inspect Smoke Alarms, in excess of the agreed Guaranteed Callouts within the Service Year;

(b) an invoice in respect of one or more of your Properties remains unpaid after the due date;

(c) you are in breach of these terms and conditions and fail to remedy the breach, where possible within 30 days of being notified of the breach by the Company;

(d) the instruction, information, approval or authorisation provided to the Company have not been provided in accordance with these terms and conditions or Applicable laws;

(e) we are prevented from entering a Property for any reason.

(f) you advise us that the Company’s personnel may not enter the Property due to health concerns; and/or

(g) you have not taken steps in accordance with the Company’s professional recommendations to ensure your equipment, fittings and fixtures tested, serviced, and maintained by us pursuant to these Terms are compliant.

18. Upon termination of the Services, the Company will cease to provide all Services to you, including access to the Portal together with all information stored on the Portal, and you acknowledge and agree that:

(a) any amounts outstanding with respect to the provision of the Services will be immediately payable to the Company;

(b) the Company accepts no risk in relation to your ongoing compliance obligations under the Applicable Laws relating to the Product and Services, which the Company may have had before the termination of the Services;

(c) You assume and become solely responsible for all risk and compliance obligations under the Applicable Laws relating to the Product and the Services.

Warranties and indemnities

19. You warrant that, when registering for the Services and at any time the Company requests information from you, you will provide accurate and complete information.

20. You warrant that you have or will secure from any third party the necessary authority to enter and perform the Services on the Property on behalf of the Company.

21. You warrant that you will not use, or permit or allow any person to use, the Portal credentials allocated to you by the Company to do anything that will bring the Company or the Services into disrepute.

22. You will indemnify and keep the Company and its Personnel indemnified against any liability, cost, loss or damages (on a full indemnity basis) whatsoever arising out of or in any way connected with the breach by you of these terms and conditions or any part of it.

23. The Company warrants that the Services will be provided in a competent and diligent manner and with reasonable care and skill. If the Services do not conform with this warranty, in addition to any rights under the Australian Consumer Law, the Company will, at our election, provide a refund of the fee; or re-delivery of the Service.

Intellectual property

24. You acknowledge and agree that the statutory and other proprietary rights in respect of patents, designs, copyright, trade marks, trade secrets, processes, formulae, systems, drawings, data, specifications, documents, and other like rights relating to the Services or displayed or referred to on the Company website are owned by the Company or in some cases third parties. You must not reproduce, copy, transmit, adapt, publish, or communicate or otherwise exercise the intellectual property rights in the whole or any part of the material contained on the Company’s website except with the prior written consent of the Company.

Disclaimers

25. You acknowledge that our technicians/electricians performing the Services are not professional painters or plasterers and will not be responsible for any residual damage caused to the Property when removing, replacing, or installing the Products or performing the Services. They will however reasonably endeavour to limit the damage and avoid causing any further damage to the Property when performing the Services.

26. You further acknowledge that:

(a) any repair, plastering or painting required to rectify any residual damage to the Property after the Services are performed will solely be your responsibility; and

(b) you will indemnify and keep the Company and its Personnel indemnified against all losses, damages, costs, and claims (on a full indemnity basis) by any third party for injury or property damage whether directly or indirectly resulting from any such residual damage to the Property after the Services are performed.

27. Given that the warranty provided pursuant to clause 7(h) is the manufacturers’ warranty provided with a Smoke Alarm, you acknowledge that any claim (including insurance claims) relating to the Smoke Alarm or any damages, losses or costs resulting from the operation of the Smoke Alarm will be directed to the manufacturer by the Company. You further accept that you will have no claim against the Company in respect of the Smoke Alarm, the operation of the Smoke Alarm or any damages, losses or costs resulting from the Smoke Alarm or the operation of the Smoke Alarm.

28. Subject to these terms and conditions, the Company’s liability to you is limited to any damage caused to your property directly by the fault, negligence or fraud by the Company or our Personnel when performing the Services and death or personal injury caused by the Company or our Personnel. To the extent permitted by law, the Company’s liability to you under these terms and conditions is limited to the lesser of insurance proceeds actually paid in respect of any loss suffered by you, or the limit of our insurance.

29. Where you are a consumer for the purposes of the Australian Consumer Law, the Services come with guarantees that cannot be excluded. If you are a consumer within the meaning of that term in the Competition and Consumer Act 2010 (Cth), the Company makes each guarantee required of a supplier to a consumer under Part 3-2 of the Australian Consumer Law, but only to the extent required by the nature of the Services and the nature of the customer.

30. No advice or information, whether oral or written, obtained by you from the Company or through or from the Company website will create any warranty not expressly stated in these terms and conditions.

31. To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is excluded or, to the extent that liability cannot be excluded by law, liability is limited to the lesser of insurance proceeds actually paid in respect of any loss suffered by you, or the limit of our insurance.

32. Any material downloaded or otherwise obtained through the use of the Company website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

33. The Company website may include links to third party websites from time to time. The Company is not responsible for the condition nor the content of third party websites as they are not under the Company’s control. Links to third party websites are provided for your convenience only and do not indicate any endorsement of the website or the products or services provided at those sites or by the organisations promoting those websites. If you chose to use the links to access third party websites, you do so at your own risk.

34. If any of these terms and conditions (or part of them) is held to be invalid or unenforceable, these terms and conditions will remain in full force, apart from the term or condition or part of it that is held to be invalid or unenforceable which will be deleted to the minimum extent necessary for these terms and conditions to be valid and enforceable.

Force Majeure

35. In these terms and conditions, Force Majeure Event means any circumstance not in a party’s reasonable control including, without limitation:

(a) acts of God, flood, drought, earthquake or other natural disaster;

(b) epidemic or pandemic;

(c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo or breaking off of diplomatic relations;

(d) nuclear, chemical or biological contamination, or sonic boom;

(e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;

(f) collapse of buildings, fire, explosion or accident;

(g) any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause, or companies in the same group as that party);

(h) non-performance by suppliers or subcontractors (other than by companies in the same group as the party seeking to rely on this clause); and

(i) interruption or failure of utility service.

36. If the Company is prevented, hindered or delayed in or from performing any of its obligations under these terms and conditions by a Force Majeure Event we will:

(j) as soon as reasonably practicable after the start of the Force Majeure Event, notify you of the Force Majeure Event, the date on which it started, its likely or potential duration and the effect of the Force Majeure Event on our ability to perform the Services; and

(k) use reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of the Services.

37. Where the Company has complied with clause 35, the Company is not in breach of these terms and conditions or otherwise liable for any such failure or delay in the performance of the Services. The time for performance of the Services is extended accordingly.

GST

38. The consideration payable by you has been fixed without regard to the impact of GST.

39. If GST is or becomes payable on a Taxable Supply made under or in connection with these terms and conditions, the party providing consideration for that Taxable Supply must pay an additional amount equal to the GST payable on the Taxable Supply.

40. The additional amount payable under clause 38 must be paid at the same time as the consideration for the Taxable Supply or on the date on which the party making the supply delivers a Tax Invoice (whichever is later).

General

41. These terms and conditions are governed by the laws in force in Victoria, Australia. By registering for the Services, you agree to submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia.

42. These terms and conditions constitute the entire agreement between you and the Company. Any prior arrangements, agreements, representations or undertakings are superseded.

43. Any failure by the Company to enforce any of these terms and conditions or any forbearance, delay or indulgence granted by the Company to you will not be construed as a waiver of the Company’s rights under these terms and conditions.

44. The Company may assign or subcontract these terms and conditions and any of its rights and obligations under these terms and conditions to a third party. You may not assign your rights or obligations under these terms and conditions except with the prior written consent of the Company.

45. The parties agree that nothing in these terms and conditions gives rise to the relationship of principal and agent, partnership, joint venture, employer and employee or any other form of business association between the parties. Neither party shall have the right or authority to bind the other, or to assume or create any obligation or responsibility, express or implied, on behalf of the other or in the other’s name.

46. If any part of these terms and conditions are invalid or unenforceable, that part will (if possible) be read down to the extent necessary to avoid the invalidity or unenforceability, or alternatively will be deemed deleted; and these terms and conditions will remain otherwise in full force.

47. The rights and obligations of the parties contained in these terms and conditions will not be extinguished by or upon completion.

48. In the event there is an inconsistency between the provisions contained in these terms and conditions and the information on the Company’s website or other material published by the Company, the provisions in these terms and conditions will prevail.

You can contact the Company on contact@epicinspections.com.au. The Company can contact you at any of your postal or home address, your facsimile number and your email address as advised to the Company by you when you register for the Services or at any other address or medium of service provided on the Portal.