These Terms of Service ("Terms") govern your use of the website located at emergencaldervalepty.site (the "Website") and the services provided by Emergen Caldervale Pty Ltd (ABN 90 696 585 261 | ACN 696 585 261), a company incorporated in Western Australia ("Company", "we", "us", or "our"). By accessing our Website or engaging our services, you agree to be bound by these Terms. If you do not agree, you must cease use immediately.
1. Interpretation
In these Terms:
- "Client" means any individual or entity that engages the Company for services.
- "Services" means emergency response, energy infrastructure response, hazmat containment, fire suppression, risk assessment, training, investigation, and all other services provided by the Company.
- "Agreement" means a specific service agreement, purchase order, or written engagement letter executed between the Company and a Client.
- "WA" means the State of Western Australia.
2. Use of This Website
You may use this Website for lawful purposes only. You must not:
- Use the Website in any way that violates applicable laws or regulations in Western Australia or the Commonwealth of Australia
- Transmit unsolicited commercial communications or engage in any form of data harvesting
- Attempt to gain unauthorised access to any part of the Website or its underlying systems
- Post or transmit any material that is harmful, defamatory, obscene, or otherwise objectionable
- Reproduce, distribute, or modify any content from this Website without our prior written consent
3. Engagement of Services
The Services are provided pursuant to a separate Agreement between the Company and the Client. In the absence of a specific Agreement, the following terms apply:
- Quotes are valid for 14 days from the date of issue unless otherwise stated.
- Acceptance of a quote constitutes an Agreement binding on both parties.
- All services are subject to the Company's standard Safe Work Method Statements (SWMS) and site requirements under the Work Health and Safety Act 2020 (WA).
- The Client is responsible for providing accurate site information, safe access, and compliance with all applicable site safety requirements.
4. Payment Terms
Unless otherwise agreed in writing:
- Invoices are payable within 30 days of the date of issue.
- Overdue amounts attract interest at the rate of 2% per annum above the Reserve Bank of Australia cash rate, compounding monthly.
- All prices are exclusive of GST unless stated otherwise. GST is applied in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- The Company reserves the right to suspend services for accounts that are overdue by more than 30 days.
5. Limitation of Liability
To the maximum extent permitted by law, including the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) and the Civil Liability Act 2002 (WA):
- The Company's total liability to any Client for any claim arising out of or in connection with the provision of Services shall not exceed the total fees paid by the Client under the relevant Agreement in the 12 months preceding the event giving rise to the claim.
- The Company is not liable for any indirect, incidental, special, consequential, or punitive loss or damage, including loss of profits, loss of data, or business interruption.
- Nothing in these Terms limits or excludes any liability that cannot be excluded under the Australian Consumer Law, including consumer guarantees where applicable.
6. Indemnity
You agree to indemnify, defend, and hold harmless the Company, its officers, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal costs) arising out of or in connection with:
- Your use of the Website or Services in breach of these Terms
- Any inaccurate or incomplete information you provide to the Company
- Your failure to comply with applicable laws, including WA work health and safety legislation
7. Intellectual Property
All content on this Website, including text, graphics, logos, images, and reports generated by the Company, is owned by or licensed to Emergen Caldervale Pty Ltd and is protected by Australian copyright law. You may not reproduce, adapt, or distribute any content without our prior written consent. Nothing in these Terms transfers any intellectual property rights to you.
8. Confidentiality
Each party agrees to keep confidential all information of the other party that is designated as confidential or that reasonably ought to be understood to be confidential, and not to disclose or use such information except as required to perform obligations under an Agreement or as required by law.
9. Force Majeure
The Company is not liable for any delay or failure to perform its obligations to the extent that such delay or failure is caused by circumstances beyond the Company's reasonable control, including but not limited to natural disasters, government actions, declared states of emergency, industrial action, or failures of third-party infrastructure.
10. Regulatory Compliance
The Company's Services are provided in accordance with applicable Western Australian and Commonwealth legislation, including but not limited to:
- Work Health and Safety Act 2020 (WA)
- Environmental Protection Act 1986 (WA)
- Dangerous Goods Safety Act 2004 (WA)
- Electricity Industry Act 2004 (WA)
- Electricity (Licensing) Regulations 1991 (WA)
- Fire and Emergency Services Act 1998 (WA)
- Competition and Consumer Act 2010 (Cth) including the Australian Consumer Law
The Client is responsible for ensuring that all site-specific regulatory requirements are communicated to the Company prior to the commencement of Services.
11. Dispute Resolution
In the event of a dispute arising from or in connection with these Terms or any Agreement:
- The parties must first attempt to resolve the dispute by good-faith negotiation within 14 days of written notice of the dispute.
- If the dispute is not resolved by negotiation, either party may refer it to mediation in Perth, WA under the mediation rules of the Resolution Institute.
- Nothing in this clause prevents a party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.
12. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and the Federal Court of Australia sitting in Perth with respect to any dispute arising from these Terms.
13. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
14. Amendments
We reserve the right to amend these Terms at any time. Updated Terms will be published on our Website at emergencaldervalepty.site/terms.html. Your continued use of the Website or Services after publication of amended Terms constitutes acceptance of the changes.
15. Contact
All formal notices and enquiries relating to these Terms must be directed to: