Terms & Conditions

Last Updated: 4 February 2025

1. INTRODUCTORY PROVISIONS

1.1 Agreement and Incorporation by Reference
These Website Terms and Conditions (“Terms”) together with our Privacy Policy and any other policies, notices, or agreements expressly referenced herein (collectively, the “Agreement”) govern your access to, and use of, the website operated by Elevia Group Pty Ltd (ACN 673 635 320) (“Elevia Group”, “we”, “us” or “our”) located at https://www.eleviagroup.com/ (the “Website”).

1.2. Consulting Services.
For users engaging our consulting services, the parties’ rights and obligations are additionally governed by the Master Services Agreement (“MSA”) executed between Elevia Group and its client, which is hereby incorporated by reference.

1.3. Bound by terms.
By accessing or using this Website, you confirm that you have read, understood, and agree to be bound by these Terms and all documents incorporated herein. If you do not agree to these Terms, you must immediately cease all use of the Website.

1.4. Amendments
We reserve the absolute right, at our sole discretion, to modify or amend these Terms at any time by posting the revised version on the Website. Your continued use of the Website after such modifications shall constitute your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2. INTERPRETATION AND DEFINITIONS

2.1 Definitions. In these Terms, unless the context otherwise requires, the following definitions shall apply:

  • “Account” means any user account created by you on the Website, including any username, password, and associated registration details (“Registration Data”).
  • “Content” or “Material” means any text, graphics, images, audio, video, software, data, designs, trademarks, logos, and any other information or materials available on or through the Website.
  • “User Content” means any content, including feedback, comments, suggestions, or any other information, that you voluntarily submit or post on the Website.
  • “Intellectual Property Rights” means all present and future intellectual and industrial property rights, whether registered or unregistered, including, without limitation, copyrights, trademarks, patents, trade secrets, design rights, and moral rights.
  • “Privacy Policy” means the privacy notice available on the Website, which is incorporated herein by reference.
  • “Services” means the consulting services provided by Elevia Group as described in our MSA and any information provided on the Website relating thereto.
  • “Third Party Materials” means any content, software, or materials provided by third parties that are made available through the Website.

2.2 Construction and Headings.
The headings in these Terms are for convenience only and shall not affect the interpretation or construction of any provision. Any reference in these Terms to a “clause,” “section,” “paragraph” or “subparagraph” is a reference to a clause, section, paragraph or subparagraph of these Terms.

2.3 Entire Agreement.
These Terms, together with our Privacy Policy and any other documents expressly incorporated herein, constitute the entire agreement between you and Elevia Group regarding your use of the Website and supersede all prior representations, understandings, or agreements, whether written or oral, relating to the subject matter hereof.

3. ACCESS AND USE OF THE WEBSITE

3.1 General Use and License.
Subject to your compliance with these Terms, Elevia Group hereby grants you a limited, revocable, non-exclusive, non-transferable licence to access and use the Website solely for your personal and internal business purposes. You shall not use the Website for any purpose that is unlawful or prohibited by these Terms.

3.2 Membership, Registration, and Security.
(a) Registration Requirement. Certain features of the Website may require you to register for an Account. In registering, you agree to provide accurate, current, and complete information, and to update such information as necessary.
(b) Account Security. You are solely responsible for safeguarding your Account credentials, including your password. You must notify us immediately of any unauthorised use of your Account or any other breach of security.
(c) Multiple Accounts. You may not register or maintain more than one Account using the same email address without our prior written consent.
(d) Suspension and Termination. We reserve the right, in our sole discretion and without notice, to suspend or terminate your Account, restrict your access to the Website, or remove any content from the Website if we determine that you have breached these Terms or if we otherwise consider your conduct harmful, abusive, or contrary to the interests of Elevia Group or its users.

3.3 Prohibited Conduct.
You agree that you shall not:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.
  • Use any robot, spider, scraper, or other automated means to access or collect information from the Website without our prior written consent.
  • Attempt to gain unauthorised access to any portion or feature of the Website, or any systems or networks connected to the Website.
  • Circumvent, disable, or otherwise interfere with security-related features of the Website.
  • Upload, post, or otherwise transmit any material that is unlawful, defamatory, offensive, or that infringes on the intellectual property rights or other rights of any third party.

3.4 Third-Party Links and Content.
The Website may contain links to third-party websites, services, or resources that are not under our control. We do not endorse and are not responsible for the availability, accuracy, or content of such external resources. Your use of any third-party websites is at your own risk, and you should review the terms and privacy policies applicable to those sites.

3.5 System Integrity and Virus Disclaimer.
You acknowledge that you are solely responsible for ensuring that any equipment or software you use to access the Website is not adversely affected by viruses, malware, or other harmful components. Elevia Group shall not be liable for any damage to your equipment or loss of data that results from your use of the Website.

4. LEGAL CAPACITY AND USER REPRESENTATIONS

4.1 Minimum Age Requirement.
You must be at least 18 years of age to access or use the Website. By accessing or using the Website, you represent and warrant that you are 18 years of age or older, or that you have obtained the necessary consent of a parent or legal guardian to use the Website.

4.2 Compliance with Laws.
You represent and warrant that your use of the Website is in full compliance with all applicable laws, regulations, and contractual obligations, and that your actions will not infringe upon or violate the rights of any third party.

5. INTELLECTUAL PROPERTY AND USER CONTENT

5.1 Ownership of Intellectual Property.
All rights, title, and interest in and to the Website, including all content and materials provided therein, and all Intellectual Property Rights, are owned by or licensed to Elevia Group. Nothing in these Terms grants you any right, title, or interest in or to the Website or any content therein except as expressly provided herein.

5.2 Licence to Use Content.
Subject to your strict compliance with these Terms, Elevia Group hereby grants you a limited licence to access and view the Content for your personal and internal business purposes only. You shall not copy, modify, reproduce, republish, upload, post, transmit, distribute, or create derivative works from any of the Content without our prior written consent.

5.3 User Content.
(a) Submission of User Content. By submitting or posting any User Content on the Website, you grant Elevia Group a non-exclusive, irrevocable, worldwide, royalty-free licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media now known or hereafter devised, solely for the purpose of operating and promoting the Website and our Services.
(b) Representations and Warranties. You represent and warrant that you either own the rights to the User Content or have secured all necessary licences, consents, and permissions to grant the foregoing licence to Elevia Group, and that your User Content does not violate any rights of any third party or any applicable law.
(c) Removal of User Content. Elevia Group reserves the right, in its sole discretion, to remove any User Content from the Website without notice and for any reason, including but not limited to content that we determine to be inappropriate, harmful, or in violation of these Terms.

5.4 Prohibited Use of Content by Competitors.
Any person or entity engaged in providing services substantially similar to those offered by Elevia Group (“Competitor”) is strictly prohibited from downloading, reproducing, or otherwise using any Content from the Website for competitive purposes. Unauthorized use of our Content by a Competitor will subject you to all available legal remedies, including injunctive relief and damages.

6. LINKS TO THIRD-PARTY WEBSITES AND SERVICES

6.1 Third-Party Content and Services.
The Website may incorporate or provide links to third-party websites, services, or resources (“Third-Party Services”). These Terms do not extend to any such Third-Party Services, and Elevia Group shall have no liability or responsibility for the availability, content, or practices of any third-party websites or services.

6.2 No Endorsement.
The inclusion of any link or reference to a third-party website or service does not imply endorsement, sponsorship, or recommendation by Elevia Group.

7. INDEMNIFICATION

7.1 General Indemnity.
You agree to indemnify, defend, and hold harmless Elevia Group, its directors, officers, employees, agents, subsidiaries, affiliates, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, losses, liabilities, damages, fines, costs, or expenses (including reasonable legal fees) arising out of or in connection with:

(a) your use of or access to the Website;

(b) any breach by you of these Terms or any applicable law or regulation;

(c) any User Content submitted by you; or

(d) any claims that your use of the Website infringes or misappropriates any third party’s rights.

7.2 Procedure.
The Indemnified Parties shall promptly notify you in writing of any claim for which indemnity is sought; you shall, at your expense, cooperate with us in the defence of such claim, and you shall not settle any claim without our prior written consent.

8. LIMITATION OF LIABILITY

8.1 Disclaimer of Warranties.
The Website is provided on an “as is” and “as available” basis. Elevia Group expressly disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

8.2 Exclusion of Liability.
To the fullest extent permitted by law, in no event shall Elevia Group or any of its Indemnified Parties be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or in connection with your use of the Website or these Terms, whether based on breach of contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.

8.3 Aggregate Liability Cap.
Subject to applicable law, the aggregate liability of Elevia Group, whether in contract, tort (including negligence), or otherwise, arising out of or in connection with these Terms or your use of the Website shall not exceed the total amount paid by you (if any) to Elevia Group for accessing the Website during the twelve (12) months immediately preceding the date on which the claim arose.

8.4 Essential Basis of the Agreement.
You acknowledge that the limitations of liability set forth in this Section form an essential basis of the bargain between you and Elevia Group, and that without these limitations, the terms of access to the Website would be materially different.

9. AUSTRALIAN CONSUMER LAW

9.1 Non-Exclusion of Statutory Rights.
Nothing in these Terms is intended to exclude, restrict, or modify any rights, warranties, or remedies available to you under the Australian Consumer Law or any other mandatory statutory provisions. To the extent that any provision of these Terms conflicts with mandatory legal rights, such mandatory provisions shall prevail.

10. PRIVACY AND DATA PROTECTION

10.1 Privacy Commitment.
Elevia Group is committed to protecting your privacy in accordance with our Privacy Policy, which is incorporated herein by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

10.2 Consent to Data Collection.
By using the Website, you consent to our collection, use, processing, and storage of your personal information in accordance with our Privacy Policy and applicable privacy laws.

11. CONSULTING SERVICES AND THE MASTER SERVICES AGREEMENT

11.1 Services Information.
Any information provided on the Website regarding our consulting services is for general informational purposes only and does not constitute professional advice.
11.2 Governing Agreement for Consulting Services.
In the event you engage Elevia Group for consulting services, such engagement will be governed by the terms of the Master Services Agreement (MSA) entered into between the parties. In the event of any inconsistency between these Website Terms and the MSA with respect to the provision of consulting services, the provisions of the MSA shall prevail.

12. EXCLUSION OF COMPETITORS

12.1 Competitor Restriction.
If you are engaged in providing consulting services similar to those offered by Elevia Group, you acknowledge that you are a competitor. You shall not use, download, or otherwise exploit any Content or Material from the Website for the purpose of competing with Elevia Group. Unauthorized use for competitive purposes will subject you to all available legal remedies, including injunctive relief and claims for damages.

13. NOTICES

13.1 Method and Manner of Notice.
Any notice or other communication required or permitted under these Terms shall be in writing and delivered either:

  • (a) by hand; or
  • (b) by registered or certified mail (postage prepaid); or
  • (c) by electronic mail (with confirmation of receipt) to the relevant address set forth below.

13.2 Notice Addresses.
All notices to Elevia Group should be addressed as follows:

Elevia Group Pty Ltd
Level 3, 8-10 King Street
Rockdale NSW 2216
Australia
Email: info@eleviagroup.com

13.3 Service of Notices.
Notices shall be deemed received: (i) if delivered by hand, on the date of delivery; (ii) if sent by registered or certified mail, on the date stated on the postal receipt; and (iii) if sent by email, at the time of transmission provided that no error message is generated.

14. DISPUTE RESOLUTION

14.1 Good Faith Negotiations.
In the event of any dispute or difference arising out of or relating to these Terms or your use of the Website, you and Elevia Group shall use reasonable endeavours to resolve the matter amicably through negotiation.

14.2 Jurisdiction and Governing Law.
These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales for any dispute arising out of or relating to these Terms.

15. MISCELLANEOUS PROVISIONS

15.1 Assignment.
You may not assign, transfer, or otherwise dispose of any rights or obligations under these Terms without our prior written consent. Elevia Group may assign, transfer, or delegate these Terms at its discretion without notice to you.

15.2 Severability.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms and the remaining provisions shall continue in full force and effect.

15.3 Waiver.
No failure or delay by Elevia Group in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any further exercise thereof or the exercise of any other right, power, or remedy.

15.4 No Third-Party Beneficiaries.
These Terms are for the sole benefit of you and Elevia Group and are not intended to confer any rights or benefits on any third party.

15.5 Entire Agreement.
These Terms, together with our Privacy Policy and any documents expressly incorporated herein, constitute the entire agreement between you and Elevia Group with respect to your use of the Website and supersede all prior or contemporaneous communications, whether electronic, oral, or written.

15.6 Force Majeure.
Elevia Group shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from events or circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, labour disputes, or failures of telecommunications networks.

16. CONTACT INFORMATION

If you have any questions, concerns, or requests regarding these Terms, please contact us at:

Elevia Group Pty Ltd
Level 3, 8-10 King Street
Rockdale NSW 2216
Australia
Email: info@eleviagroup.com

By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Website Terms and Conditions in their entirety. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified or severed only to the extent necessary to comply with applicable law, and the remaining provisions shall remain in full force and effect.