Terms of Use

Application and ownership

  • These Terms of Use govern access to and use of website www.hercules.com.au (Website).
  • The Website belongs to Australian company Hercules Complete Lifting Solutions Pty Ltd (ABN 64 633 685 382) and its associated entities (collectively, we, us or our).

Access and agreement

  • By accessing the Website, you agree to be bound by these Terms of Use as well as all applicable laws and regulations.

Copyright and licensing

  • Unless otherwise indicated, we reserve all rights (including copyright) in the content and design of the Website. We own or have a licence to use copyright in the content of the Website, unless otherwise indicated.
  • We give you a licence to temporarily download from the Website content, software or other information on the Website (Materials) for personal and transitory viewing only.
  • As conditions of this licence, you may not, and may not attempt to: (a) reproduce, adapt, store, transmit, print, display, perform, or publish or create derivative works from, Materials; (b) use Materials for an illegal purpose or in a way that is inaccurate, misleading or offensive or which brings us into disrepute; (c) use Materials for any commercial purpose; (d) remove copyright or proprietary marks from Materials; (e) transfer Materials to another person, ‘mirror’ Materials on any other server or cause Materials to be framed or embedded in another website; (f) de-compile or reverse engineer software on the Website; (g) introduce viruses or contaminants (including bugs, worms, logic bombs or Trojan horses) to the Website; (h) use any automated software routine (e.g. bots) to access the Website; or (i) do anything which may harm or impede the security of the Website.
  • Without limitation to other legal rights we may have, this licence will automatically terminate if you breach these Terms of Use; however, we may at our absolute discretion terminate this licence at any time for any reason or no reason at all.
  • If your licence is terminated, you must destroy all downloaded or printed Materials in your possession.

Cookies and privacy

  • You do not need to reveal your identity to us in order to use the Website; however, you may use the Website to provide information including personal information to us, and the Website may use ‘cookies’ to collect anonymous traffic data from you and others who use the Website. The internet servers may also automatically collect data about any computer used to access the Website (such as IP address, domain name and browser type), date and time of access and information downloaded.
  • Cookies are small text files that our Website places on your computer and are in most cases used to help our Website recall which pages you find useful and which you do not. So overall, cookies help us to improve your experience of our Website. Cookies do not give us access to your computer or any information about you other than the data you choose to share with us. Most internet browsers are pre-set to accept cookies, but you can usually modify your browser settings to decline cookies should you prefer this.
  • Please refer to our Privacy Policy for information about how we handle personal information provided to or collected by us and your consent to this. By accessing the Website, you will be deemed to have accepted our Privacy Policy.

Links to external websites

  • We have not reviewed and do not control external websites linked to the Website, their content or their privacy policies.
  • A link on our Website to an external website is for information only and does not imply endorsement of that website’s owner or operator or its software, content or privacy policy.
  • You use linked external websites at your own risk, and, to the maximum extent permitted by law, we are not responsible or liable to you or any other person for use of such external websites or for loss arising from such use, including: expenses; costs; demands; claims; damages; liabilities; injury; illness; interruption of service; loss of or corruption of data, software or hardware; loss of reputation; loss of business; loss of contracts; loss of revenue; loss of savings; loss of profit; loss of opportunity to earn the foregoing; or increase in operating expenses or financing costs, whether direct or indirect or normal or consequential in nature (Losses).

No warranties or liability

  • The Website and its Materials are each provided on an ‘as is’ basis and may contain errors.
  • The internet is not a secure medium and communications to and from this Website may be intercepted or altered in transit.
  • To the maximum extent permitted by law, we exclude all warranties (including without limitation any warranty that would otherwise be implied by law), representations or guarantees that the Website or its Materials: (a) are suitable, accurate, complete, current or reliable; (b) are free from anything which may harm devices which access the Website or any data on such devices; or (c) do not infringe intellectual property rights.
  • Where any law implies a warranty into these Terms of Use which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of warranty will at our option be limited to supplying of the services again or the cost of having them supplied again.
  • To the maximum extent permitted by law, we are not responsible or liable to you or any other person for your access or blocked access to or use of the Website or its Materials or for any Losses arising from such use.

Indemnity

  • You indemnify us against Losses we suffer arising from your breach of these Terms of Use.

Revision of Website

  • We may unilaterally modify the Website or its Materials from time to time without notice.
  • By accessing the Website, you agree to be bound by the then current version of these Terms of Use.

Miscellaneous

  • These Terms of Use constitute the entire agreement between us and you, and supersede all prior agreements or understandings, whether written or otherwise, in relation to access to or use of the Website or its Materials and any other subject matter of these Terms of Use.
  • These Terms of Use will be governed by the laws of New South Wales. You submit to the non-exclusive jurisdiction of the courts of New South Wales and courts able to hear appeals therefrom. We operate the Website from Australia. If you access the Website from outside Australia, you are responsible for ensuring compliance with local law.
  • You may not assign your rights (including sub-license any licence) or subcontract your obligations under these Terms of Use without our written consent. We may assign our rights or subcontract our obligations under these Terms of Use without restriction.
  • Where any part of these Terms of Use is or becomes illegal, invalid, unenforceable or void, such part will be removed and the rest of these Terms of Use will continue to have full effect.
  • Any provision of these Terms of Use which is expressed to or, by its nature, survives the termination of these Terms of Use, will survive such termination.
  • Our delay or failure to exercise a right or power under contract or remedy in connection therewith, or to enforce performance by you of an obligation, will not constitute waiver by us of that right, power, remedy or obligation.
  • Where you comprise two or more legal persons, these Terms of Use will bind such persons jointly and severally.
  • In these Terms of Use: (a) reference to party includes that party’s agents, successors and permitted assigns; (b) reference to a person includes a natural person, partnership, joint venture, government agency, association, trust, company or other body corporate; and (c) reference to a document includes any supplements and amendments there under.

These Terms of Use were last updated in May 2019.

Privacy Policy

Purpose and application

  • This document constitutes the privacy policy of Hercules Complete Lifting Solutions Pty Ltd (ABN 64 633 685 382) and its associated entities (collectively, we, us or our).
  • This Privacy Policy outlines how we may handle your personal information and other information.
  • Personal information means information or opinion about an identified individual or an individual who is reasonably identifiable.

Collecting your personal and other information

  • We may collect personal information about you in different ways, including, without limitation, when: (a) you contact us to enquire about us or our goods or services; (b) we prepare proposals to supply you goods or services; (c) you request or instruct us to supply you goods or services; (d) you bid or apply to supply us goods or services, whether as a supplier, contractor, subcontractor, consultant or otherwise; (e) we engage you to supply us goods or services, whether as a supplier, contractor, subcontractor, consultant or otherwise; (f) you apply for employment or we employ you; (g) your employer provides us information about you and it would be unreasonable or impractical to collect such directly from you; (h) you meet with us, call us or send us email or other correspondence; (i) you provide us your business card or post to LinkedIn, Facebook or other social media; (j) you visit or interact with our website; (k) we deal with regulatory authorities, government agencies or third party service providers; or (l) we access publicly available sources.
  • We may collect and hold a range of different information about you as necessary for business or administration purposes. Some examples of business or administration purposes are set out under the heading ‘Using your personal information’. Other examples include: (a) verifying your identity; (b) contacting you; and (c) obtaining your feedback.
  • The types of information we may collect and hold includes, without limitation: (a) name; (b) date of birth; (c) organisation; (d) position or role; (e) industry sector; (f) jurisdictions or locations (such as post codes) where you operate or supply or receive goods or services; (g) contact details such as residential address, postal address, email address, phone number or mobile telephone number; (h) employment history; (i) education or qualifications; (j) financial information such as bank account or credit card numbers; (k) complaint details; (l) photographs; and (m) information about how you use our goods or services.
  • We collect personal information orally, in writing, over the phone, by email, via our website or through other modes of communication.
  • You are under no obligation to provide us personal information we request; however, not providing such information may mean we are unable or less willing to: (a) supply you with goods or services; or (b) engage you to supply us goods or services.

Using your personal information

  • Personal information we collect and hold may be used by us for the purpose for which it was collected and otherwise as necessary for business or administration purposes, which may include, without limitation: (a) sending proposals to supply our services or marketing materials; (b) sending advice, agreements, court documents, information requests or other communications to or for clients; (c) sending progress reports; (d) sending invoices or responses to invoices; (e) liaising with courts, tribunals, regulatory authorities, government agencies or third party service providers; (f) sending updates about specific projects or our business generally; (g) appraising creditworthiness or conducting other due diligence in relation to actual or prospective clients or suppliers which may include sending information to credit reporting agencies; (h) preparing internal analysis of services or actual or potential improvements thereto; (i) preparing internal research or market or other data analysis; or (j) complying with our legal obligations. We may also use your personal information for any purpose that is incidental or related to the above-described purposes.
  • We do not disclose your personal information to any unaffiliated third party without your prior consent, except where to do so is in accordance with the original purpose of collection.
  • Other circumstances in which we may disclose your personal information to unaffiliated third parties include where: (a) you have expressly or implicitly consented to such disclosure; (b) we disclose in confidence to our advisers (including lawyers and accountants), consultants, insurers or financiers; (c) we disclose in confidence to third parties to obtain feedback and improve our services; or (d) disclosure is authorised or required by or under Australian law or a court or tribunal.
  • To the maximum extent permitted by law, we may share your personal information with overseas services providers whose services we consider essential for our business. For example, we may transfer your personal information to Australian or internationally-based facilities for data processing, ‘back up’ or scanning or for the purposes of obtaining other services from third parties.
  • If we wish to use your personal information for a purpose beyond that for which it was originally provided, we will ask for your consent.

Information services and ‘opting out’

  • We may contact you via email or other means to provide you with updated or other information about services you have instructed or may instruct us to perform, about our website or in relation to events.
  • If you no longer wish to receive such information from us, you can either unsubscribe directly within emails you receive (if the facility is made available) or contact our team at info@hercules.com.au
  • Note that it may take at least 10 business days before any ‘opt out’ becomes effective.

Securing your personal information

  • We are committed to taking reasonable steps to: (a) keep personal information you provide us secure; and (b) ensure that your privacy is respected.
  • We host our customer data electronically on our IT systems. These may include Australian or internationally-based cloud servers or the servers of third parties within or outside of Australia.

Accessing, correcting or updating your personal information

  • You have a right to request access to or correction of your personal information held by us.
  • If you wish to access, correct or update any personal information we may hold about you, please contact us as set out below.
  • Note that we may charge for providing access to this information and we may refuse access in certain circumstances, including where: (a) access may prejudice law enforcement efforts; (b) access may materially affect the privacy of another person; (c) we are required by law not to disclose the information; or (d) it is otherwise lawful for us to refuse access.

Making and resolving complaints

  • If you have any questions or concerns about our collection, use or disclosure of personal information, or if you believe that we have not complied with this Privacy Policy or the Privacy and Personal Information Act 1998 (Act), please contact us as set out below. When contacting us, please provide as much detail as possible in relation to the query, issue or complaint.
  • Your complaint will be taken seriously and will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with relevant information we may require.
  • If your complaint is not resolved to your satisfaction, you may make a complaint to the Office of the Australian Information Commissioner as follows:

Call: 1800 649 603
Email: info@hercules.com.au
Write to: Unit 1 87 Reserve Road, Artarmon NSW 2064

Release from claims

  • To the maximum extent permitted by law, we are not responsible or liable to you, and you release us from all claims (including claims for negligence), for any losses arising from collection, disclosure or other use (or misuse) of the information you provide, whether authorised or unauthorised. The reference in this clause to ‘losses’ includes: expenses; costs; demands; claims; damages; liabilities; injury; illness; interruption of service; loss of or corruption of information we collect or other data, software or hardware; loss of reputation; loss of business; loss of contracts; loss of revenue; loss of savings; loss of profit; loss of opportunity to earn the foregoing; or increase in operating expenses or financing costs, whether direct or indirect or normal or consequential in nature.

Updating this Privacy Policy

  • We may unilaterally review and modify this Privacy Policy from time to time and without notice. If we do modify this Privacy Policy, we will post the updated version of it on our website and such updated version will apply to all of your information held by us at that time.

Contacting us

  • If you have any questions about this Privacy Policy, you should contact:

Privacy Officer
Hercules Complete Lifting Solutions Pty Ltd
Email: info@hercules.com.au
Write to: Unit 1, 87 Reserve Road, Artarmon NSW 2064

This Privacy Policy was last updated in July 2019.