1.1. Welcome to the LeanTech Hire – Construction Site Hire Item Manager App (the 'Application'). The Application allows you to manage all your construction site hire items from your mobile device and view them on our website (the 'Services').
1.2. The Application is operated by LeanTech Construction Pty. Ltd. (ACN 624 502 290). Access to and use of the Application, or any of its associated products or Services, is provided by LeanTech Construction. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its products or Services, immediately.
1.3. LeanTech Construction reserves the right to review and change any of the Terms by updating this page at its sole discretion. When LeanTech Construction updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its products or Services, immediately.
3. The Services
3.1. In order to access the Services, you are required to register for an account through the Application (the 'Account').
3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) your name
(b) an email address
(c) your company
(d) a password
3.3. You warrant that any information you give to LeanTech Construction in the course of completing the registration process will always be accurate, correct and up to date.
3.4. Once you have completed the registration process, you will be a registered member of the Application ('Member') and agree to be bound by the Terms.
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with LeanTech Construction; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify LeanTech Construction of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Application ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content;
(g) access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of accessing the Services;
(h) you must comply with any applicable third party terms of agreement when using the application;
(i) you will not use the Services or Application for any illegal and/or unauthorised use. Appropriate legal action will be taken by LeanTech Construction for any illegal or unauthorised use of the Application; and
(j) you acknowledge and agree that any automated use of the Application or its Services is prohibited.
5. Using the Application
5.1. The user may use the Application in the following manner:
Record information about hired items including expected off hire date;
Receive notifications when the expected off hire date occurs;
View current and previous items on the website;
Call hire companies associated with hire items to request pick up when user is finished with the item. The application will use the user’s phone service when the in-app call button is pressed;
Send emails for hire of new items and off hire of old items through their own email account on their mobile device. This will be subject to specific hire companies agreeing to this arrangement;
Edit customisable emails for quick hire or off hire.
6. Copyright and Intellectual Property
6.1. The Application, the Services and all the related products of LeanTech Construction are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by LeanTech Construction.
6.2. All trademarks, service marks and trade names are owned, registered and/or licensed by LeanTech Construction, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Application and website pursuant to the Terms;
(b) copy and store the Application and the material contained in the Application in your device's cache memory; and
(c) print pages from the Application for your own use. LeanTech Construction does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by LeanTech Construction.
6.3. LeanTech Construction retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
6.4. You may not, without the prior written permission of LeanTech Construction and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application which are freely available for re-use or are in the public domain.
6.5. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Application, then you grant to LeanTech Construction a non-exclusive, transferable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
7. General Disclaimer
7.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
7.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) LeanTech Construction will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
7.3. Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of LeanTech Construction make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of LeanTech Construction) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
(c) costs incurred as a result of you using the Application, the Services or any of the products of LeanTech Construction; and
(d) the Services or operation in respect to links which are provided for your convenience.
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of LeanTech Construction. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, LeanTech Construction will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
9. Limitation of Liability
9.1. You expressly understand and agree that LeanTech Construction, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
9.2. You acknowledge and agree that LeanTech Construction holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Application.
11. Termination of Contract
11.1. If you would like to terminate the Terms, you may do so by providing LeanTech Construction with 7 days' notice of your intention to terminate by sending notice of your intention to terminate to LeanTech Construction at firstname.lastname@example.org.
11.2. LeanTech Construction may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) LeanTech Construction is required to do so by law;
(c) LeanTech Construction is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by LeanTech Construction is, in the opinion of LeanTech Construction, no longer commercially viable.
11.3. Subject to local applicable laws, LeanTech Construction reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts LeanTech Construction's name or reputation or violates the rights of those of another party.
11.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and LeanTech Construction have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
12.1. You agree to indemnify LeanTech Construction, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content, your use of the Application or your use of the Services;
(b) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
(c) loss or damage arising out of your breach of the Terms.
13. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
LeanTech Construction Contact Details
LeanTech Construction Pty Ltd
PO Box 619
Harbord NSW 2096
Website – LeanTechConstruction.com
Email – email@example.com
11 November 2019
1. We respect your privacy
1.1. LeanTech Construction Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and LeanTech Hire application ('Application') users. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
1.2. "Personal Information" is information we hold which is identifiable as being about you.
2. Collection of personal information
2.1. LeanTech Construction Pty Ltd will receive and store personal information you enter into our Application, LeanTech Hire - Hire Item Manager, provide to us directly or give to us in other forms.
2.2. You may provide basic information such as your name, company, phone number and email address to enable us to send information, provide updates and service. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
2.3. Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information
4. Use of your personal information
4.1. LeanTech Construction Pty Ltd may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
4.2. The Application may access email at the user’s request. We cannot ensure the security of any information you choose to disclose using the email feature. Also, we cannot ensure that parties who have access to such information will respect your privacy.
4.3. LeanTech Construction Pty Ltd may contact you by a variety of measures including, but not limited to, telephone, email, sms or mail.
5. Disclosure of your personal information
5.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
5.2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
5.3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of LeanTech Construction Pty Ltd, its application, website and customers or third parties.
5.4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
5.5. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer, to the extent permissible at law, our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
6. Security of your personal information
6.1. LeanTech Construction Pty Ltd is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
7. Access to your personal information
7.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at firstname.lastname@example.org.
7.2. We reserve the right to refuse to provide you with information that we hold about you in certain circumstances set out in the Privacy Act 1988 (Cth).
8. Software Application
8.1. When you use our Application
When you use our Application, we may collect certain information such as, but not limited to, mobile unique device ID, the IP address of your mobile device, mobile operating system, the type of mobile internet browsers you use and information about the way you use the Application. This information is used in an aggregated manner to analyse how people use our Application, such that we can improve our service.
8.3. Automatic collection
The Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile internet browsers you use, and information about the way you use the Application.
8.4. Third parties
Our Application may, from time to time, have links to other applications or websites not owned or controlled by us. These links are meant for your convenience only. Links to third party applications and websites do not constitute sponsorship or endorsement or approval of these third parties. Please be aware that LeanTech Construction Pty Ltd is not responsible for the privacy practises of other such applications or websites. We encourage our users to be aware, when they leave our Application or website, and to read the privacy statements of each and every application or website that collects personal identifiable information.
When you visit the Application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within to improve the user experience and display a location map with relevant advertisements. We will not share your current location with other users or partners.
9. Complaints about privacy
If you have any complaints about our privacy practices, please feel free to send in details of your complaints to PO BOX 619, Freshwater, NSW 2096, Australia. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
10. Opt out right
You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at email@example.com.