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Website Terms and Conditions

Last updated: 28 July 2026

1. Introductory Provisions

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

1.2. For clients engaging our hosted solution and related implementation, subscription, and managed services (the "Services"), the parties' rights and obligations are governed by a separate Master Services Agreement ("MSA") executed between Elevia and the client. The MSA is a separate agreement and is not part of these Terms.

1.3. 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. We may modify or amend these Terms from time to time by posting the revised version on the Website and updating the date above. Any material changes will, where appropriate, also be notified to you directly. Your continued use of the Website after the changes take effect constitutes acceptance of the revised Terms.

1.5. The headings in these Terms are for convenience only and shall not affect the interpretation or construction of any provision.

2. Access and Use of the Website

2.1. Subject to your compliance with these Terms, we hereby grant 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.

2.2. You agree that you shall not:

  1. 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;
  2. use any robot, spider, scraper, or other automated means to access or collect information from the Website without our prior written consent, except access expressly permitted by our published crawler directives (including robots.txt);
  3. attempt to gain unauthorised access to any portion or feature of the Website, or any systems or networks connected to the Website;
  4. circumvent, disable, or otherwise interfere with security-related features of the Website;
  5. 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; or
  6. access or use the Website or any content from the Website to develop or provide a competing product or service.

2.3. 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. We shall not be liable for any damage to your equipment or loss of data that results from your use of the Website.

3. Legal Capacity and User Representations

3.1. 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.

3.2. 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.

4. Intellectual Property and User Content

4.1. All rights, title, and interest in and to the Website, including all content and materials provided therein (the "Content") and all intellectual property rights (whether registered or unregistered, anywhere in the world), are owned by or licensed to us. Nothing in these Terms grants you any right, title, or interest in or to the Website or any Content except as expressly provided herein.

4.2. Subject to your strict compliance with these Terms, we hereby grant 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.

4.3. In relation to any content that you voluntarily submit or post on the Website, including feedback, comments, or suggestions ("User Content"):

  1. by submitting or posting any User Content on the Website, you grant us 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;
  2. 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 us, and that your User Content does not violate any rights of any third party or any applicable law; and
  3. we reserve the right to remove any User Content from the Website, with notice where practicable, including but not limited to User Content that we determine to be inappropriate, harmful, or in violation of these Terms.

5. Links to Third-Party Websites and Services

5.1. 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 we shall have no liability or responsibility for the availability, content, or practices of any Third-Party Services. Your use of any Third-Party Services is at your own risk, and you should review the terms and privacy policies applicable to those services.

5.2. The inclusion of any link or reference to a Third-Party Service does not imply endorsement, sponsorship, or recommendation by us.

6. Indemnification

6.1. You agree to indemnify, defend, and hold harmless Elevia, 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:

  1. any breach by you of these Terms or any applicable law or regulation;
  2. any User Content submitted by you; or
  3. any claim that your use of the Website infringes or misappropriates any third party's rights.

6.2. We 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.

7. Limitation of Liability

7.1. Subject to clause 8 (Australian Consumer Law), the Website is provided on an "as is" and "as available" basis. We expressly disclaim 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.

7.2. To the fullest extent permitted by law, in no event shall we or any other Indemnified Party 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.

7.3. Subject to applicable law, our aggregate liability, 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 greater of (a) the total amount paid by you, if any, to us in the 12 months immediately preceding the date on which the claim arose and (b) AUD 100.

7.4. You acknowledge that the limitations of liability set out in this clause 7 form an essential basis of the bargain between you and Elevia, and that without these limitations, the terms of access to the Website would be materially different.

8. Australian Consumer Law

8.1. 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, and this clause 8 prevails over clause 7 to the extent of any inconsistency.

9. Privacy and Data Protection

9.1. We are 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. Services and the Master Services Agreement

10.1. Any information provided on the Website regarding our Services is for general informational purposes only and does not constitute professional advice.

10.2. In the event you engage us for Services, such engagement will be governed by the terms of the MSA entered into between the parties. In the event of any inconsistency between these Terms and the MSA with respect to the provision of Services, the provisions of the MSA shall prevail.

11. Notices

11.1. Any notice or other communication to us required or permitted under these Terms must be in writing and sent by email to [email protected].

11.2. A notice sent by email is deemed received at the time of transmission, provided that no automated delivery-failure or non-delivery message is generated.

12. Dispute Resolution

12.1. 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 shall use reasonable endeavours to resolve the matter amicably through negotiation.

12.2. 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.

13. Miscellaneous Provisions

13.1. You may not assign, transfer, or otherwise dispose of any rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate these Terms, and will give you notice of any assignment that materially affects your rights.

13.2. 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.

13.3. No failure or delay by us 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.

13.4. These Terms are for the sole benefit of you and Elevia and are not intended to confer any rights or benefits on any third party, except for the Indemnified Parties under clause 6.

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

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