ABOUT SKIP TRACING AUSTRALIA
Skip Tracing Australia is a licensed private investigation agency that specialises in locating individuals for a variety of purposes, including debt recovery, missing persons, and legal proceedings. As a professional investigative service, we operate in full compliance with all applicable Australian federal and state laws, including the Privacy Act 1988 (Cth) and the Australian Consumer Law, which regulate the handling of personal information and protect the rights of individuals.
Our skip-tracing practices are entirely legal and ethically conducted. We ensure that all information obtained and utilised is gathered lawfully and without breaching privacy laws or other legal obligations. We employ a range of methods and tools to achieve results while upholding the highest standards of professionalism, confidentiality, and respect for individual privacy.
We are committed to delivering exceptional services. From skip tracing to background checks, locating beneficiaries, and process serving, we pride ourselves on providing accurate and timely results with unparalleled professionalism and expertise. Our clientele includes domestic and international clients, as we offer skip-tracing services worldwide.
Additionally, we offer a range of legal support services within Australia, including skip tracing, field calls, process serving, vehicle repossessions, and other investigative services aimed at asset recovery and credit collection.
Our team comprises Licensed Private Investigators, Field Agents, and Mercantile Agents. With years of collective experience in skip tracing, private investigations, field and discovery calls, debt collection, and asset repossessions, we have established strong relationships with numerous licensed and experienced agents throughout Australia and internationally.
OUR VALUES
At Skip Tracing Australia, our values guide everything we do. They reflect our commitment to providing exceptional investigative services while maintaining the highest standards of integrity, professionalism, and respect for privacy.
Professionalism
We conduct all our services with the utmost professionalism. From delivering accurate and timely results to maintaining confidentiality, our approach is built on a foundation of respect, discretion, and excellence in service delivery.
Ethical Compliance
Our operations are grounded in full compliance with Australian laws, including the Privacy Act 1988 (Cth) and other relevant legislation. We ensure all investigations are conducted lawfully, ethically, and with respect for the rights of all parties involved.
Confidentiality and Privacy
We prioritise the privacy and confidentiality of both our clients and the subjects of our investigations. All information is collected, used, and managed in compliance with legal standards, ensuring your information remains protected at all times.
Diligence and Accuracy
We pride ourselves on our thorough investigation methods and our commitment to accuracy. Whether it's skip tracing, background checks, or surveillance, we ensure every detail is meticulously verified, and we offer a recheck guarantee to maintain the highest level of service quality.
Client-Centric Service
Our clients are at the heart of everything we do. We strive to provide clear communication, transparent pricing, and responsive service to meet your unique needs and exceed your expectations.
Integrity
Honesty and ethical conduct are non-negotiable at Skip Tracing Australia. We deliver results you can trust, maintaining transparency and accountability in all our interactions.
Commitment to Results
We are dedicated to achieving successful outcomes for our clients. Whether through skip tracing, process serving, or surveillance, we are committed to delivering reliable and actionable results while upholding our ethical standards.
1. APPLICATION OF TERMS
These terms apply to any person or entity (‘you/your’) using our services or accessing www.skiptracingaustralia.com (‘our/the website’).
This website is owned and operated by Skip Tracing Australia Pty Ltd (‘Skip Tracing Australia/we/our/us’). You agree to be bound by these terms by accessing and using our website.
By agreeing to proceed with a quoted service, booking a service through the website or otherwise providing instructions to Skip Tracing Australia in relation to the performance of the services, in each case in writing, verbally or via our website, you agree to be bound by these terms. You acknowledge that you have received either a quote or our Fee Schedule, and these terms together with the quote or Fee Schedule constitute a binding agreement between you and us governing the delivery of services by Skip Tracing Australia to you.
We reserve the right to amend these terms and conditions. If amended, we will post the updated terms on our website. Such changes will be effective for new matters after the date the terms are posted to our website.
It doesn't mean we're giving up that right if we don't enforce a part of these Terms. If a court finds any part of these Terms invalid or unenforceable, the rest of the Terms will still apply.
These Terms constitute the entire agreement between us and you regarding the service. Any previous agreements are superseded by these terms and conditions.
These terms and conditions are to be read and used with our Privacy Policy.
2. PRODUCTS OR SERVICES
Skip Tracing Australia offers a range of services such as but not limited to:
(i) Skip Tracing
Our skip tracing service involves locating individuals who are challenging to find, often for purposes such as debt recovery, legal proceedings, or reconnecting with lost contacts. This process includes the use of various methods, such as database searches, analysis of public records, social media investigation, and other lawful information-gathering techniques. All skip-tracing activities are conducted in accordance with Australian laws, including the Privacy Act 1988 (Cth), which governs the collection, use, and disclosure of personal information, as well as any other relevant state and federal legislation. We ensure that all information is obtained legally and ethically, respecting the privacy rights of individuals while providing our clients with accurate and up-to-date information to facilitate the resolution of their matters.
(ii) Background Checks
Our background check service involves collecting and verifying information about an individual or entity to assist clients in making informed decisions. This process may include searches of publicly available records, verification of employment and education history, checks of criminal and civil litigation records, and other relevant checks as requested. All background checks are conducted in strict compliance with Australian laws, including the Privacy Act 1988 (Cth) and associated Australian Privacy Principles, which govern the collection, use, and disclosure of personal information. We ensure that all information is obtained lawfully, ethically, and with due regard for the privacy and rights of the individuals involved. Our goal is to provide our clients with accurate, comprehensive, and reliable information to support their decision-making needs.
(iii) Online Investigations
Our online investigation services involve thorough research and analysis of digital footprints, social media profiles, and other online sources to gather relevant information about individuals or entities. We provide insights and intelligence to support our clients' objectives and decision-making processes.
(iv) Process Serving
Our process serving service involves delivering legal documents, such as subpoenas, summonses, or court orders, to individuals or entities involved in legal proceedings. We ensure timely and proper service of process in compliance with legal requirements, facilitating the legal process for our clients with professionalism and accuracy.
(v) Field Calls
Our field call service involves making in-person visits to an individual’s last known address or place of business to verify their current location, obtain updated contact information, or deliver important messages. This service is particularly useful for cases where traditional contact methods have failed. Our agents conduct field calls with professionalism, adhering to all applicable legal standards and ensuring that interactions are discreet and respectful. We use field calls to gather critical information efficiently, thereby facilitating a faster resolution of matters for our clients.
(vi) Surveillance
Our surveillance service involves discreetly monitoring and observing an individual's activities or a specific location to gather evidence or information relevant to an investigation. This may include visual observation, photographic or video recording, and documentation of activities to provide our clients with accurate and detailed reports. All surveillance activities are conducted in strict compliance with applicable Australian laws, including but not limited to the Surveillance Devices Act 2004 (Cth) and corresponding state and territory legislation, such as the Surveillance Devices Act 2007 (NSW), Invasion of Privacy Act 1971 (QLD), and other relevant laws that govern the use of surveillance devices and the collection of personal information. We ensure that all information gathered is obtained lawfully and ethically, with a commitment to confidentiality and professionalism. Our trained investigators adhere to legal requirements to provide reliable and actionable intelligence to support our clients' needs.
3. FEES AND CHARGES
All services provided by Skip Tracing Australia are subject to the fees and charges outlined in these terms, a quote, Fee Schedule or as otherwise agreed in writing prior to the commencement of any service.
By engaging our services, clients agree to pay all fees and charges as outlined in these terms, a quote, Fee Schedule or agreed before or during the course of a matter, plus any applicable disbursements, such as travel expenses, searches, costs to obtain official records and costs associated with third-party services utilised during the investigation, provided consent for such disbursements is sought and obtained upfront.
All fees are inclusive of Goods and Services Tax (GST) unless otherwise stated.
Payment is required upfront:
• for any service with fees of $330 or less (including GST); or
• for repeat clients, in circumstances where there is a history of late payments and we have notified you that upfront payment is required;
and services will not commence until payment is made in full.
In other cases, invoices for fees, charges and disbursements will be issued on the completion of the services.
Payment terms are 7 days from the date of invoice. Payment terms must be adhered to and late payment will result in the imposition of an administration fee as outlined below.
In the event that payment is not received by the due date specified in the invoice, an administration fee of $45 (including GST) will be imposed for each full month the payment remains overdue. This charge is intended to cover the additional administrative expenses incurred by the late payment.
In addition to the administration fee, interest may be charged on overdue amounts from the due date of payment until that sum is paid in full at the rate of 10% per annum, calculated daily and compounded monthly. Interest will accrue from day to day and will be payable on demand.
The requirement for upfront fees for future matters and payment of administration fees or interest is in addition to any other remedies that Skip Tracing Australia may have in respect of such late payment including engaging debt collectors or commencing proceedings to recover unpaid fees and charges and you indemnity us for any costs and expenses incurred.
Additional fees and charges may be incurred if circumstances change or if further services are required beyond the initial scope of work. In such cases, we will notify the client in advance and seek written consent to proceed.
4. TURN-AROUND TIME OF RESULTS
Standard Skip Trace
Our Standard Skip Trace process takes an average of 7 to 10 business days for completion, though at times (particularly during peak periods) this may take longer. If your subject cannot be located, we will provide you with an update and seek your instructions on whether you would like to proceed to an Advanced Skip Trace.
Advanced Skip Trace
If viable leads exist, an option is to proceed with an Advanced Skip Trace, and this further process takes an average of 10 to 20 business days, though at times (particularly during peak periods) this may take longer. If we are still unable to locate your subject after this period, we will provide appropriate recommendations, such as surveillance if necessary, and seek your instructions on how to proceed.
Urgent Skip Trace
An Urgent Skip Trace is initiated immediately upon us issuing you an acknowledgement of receipt of your instructions. We aim to locate your subject or provide you with an update within 24 hours of commencement.
The Urgent Skip Trace is completed within 24-48 hours, regardless of weekends and/or public holidays. If your subject cannot be located within this timeframe, we will provide you with a finalised report and seek your instructions on whether you would like to further services.
5. DEFINITION OF A “LOCATE”
A successful locate is defined by Skip Tracing Australia as the confirmation of a subject’s whereabouts through one or more of the following methods:
(i) Verbal Confirmation: Verification of a phone number or address provided by the subject or a known associate, such as family, friends, or neighbours. In cases where we communicate directly with the subject, we will conduct a discreet "pretexted" conversation to maintain confidentiality and privacy, unless otherwise instructed by you to disclose the nature of our inquiry.
(ii) Documentary Evidence: Confirmation of the subject's current address through a Title Search or Rental Tenancy Application, supported by additional evidence such as social media images or other recorded data.
(iii) Physical Sighting: The subject or their security being physically sighted by one of our Agents at a specific address.
(iv) Incarceration: Verification that the subject is currently incarcerated, in which case we will provide the address of the correctional facility.
(v) Deceased: Confirmation that the subject is deceased.
(vi) Hospitalisation: Verification that the subject is currently hospitalised, in which case we will provide the hospital’s address.
A successful locate is not guaranteed. The fees and charges apply irrespective.
6. 30-DAY RECHECK GUARANTEE
At Skip Tracing Australia, we take pride in the high quality of our data analysis and reporting services. In instances where a subject cannot be located, we will inform you accordingly. We will only issue a "Locate" report when we have a high degree of confidence that the subject can be physically located at the provided address based on multiple verification methods.
If it is determined that the subject is not present at the address provided in our report at the time of issuance, you must notify us within 30 days from the date of the report. Upon receiving such notification, we will recheck your file at no additional cost to you.
If it is determined that the Subject is still residing at the address originally provided, we reserve the right to charge the recheck fee of $363 (including GST).
7. DUTY OF CARE AND DUE DILIGENCE
Skip Tracing Australia is committed to providing high-quality investigative services while upholding the highest standards of professionalism, ethics, and legal compliance. As part of our commitment to these values, we reserve the right to decline any request if we have reasonable grounds to believe that the disclosure of a subject's address or personal information could result in harm to the subject, including but not limited to risks associated with domestic violence, mental health concerns, or self-harm.
Furthermore, should any conflicting information or high-risk factors come to light at any stage during the investigation, Skip Tracing Australia reserves the right to terminate our services and return the matter to you. In such cases, up to the full fee will be charged at our discretion.
Skip Tracing Australia also reserves the right to disclose any information relating to a client's matter to law enforcement or other relevant authorities if required by law or if we reasonably believe such disclosure is necessary to prevent harm, comply with legal obligations, or assist in the investigation of unlawful activities.
8. CONFIDENTIALITY AND NON-DISCLOSURE
By engaging the services of Skip Tracing Australia, you agree to the following confidentiality and non-disclosure obligations:
(i) Confidential Information: You acknowledge that, in the course of providing our services, Skip Tracing Australia may disclose to you certain confidential and proprietary information, including but not limited to data, reports, communications, and any other information related to the investigation or services provided ("Confidential Information").
(ii) Non-Disclosure Obligation: You agree to keep all Confidential Information strictly confidential and not to disclose, share, or otherwise make available any such information to any third party without the prior written consent of Skip Tracing Australia, except as required by law.
(iii) Permitted Use: You agree to use the Confidential Information solely for the purpose for which it was provided and not for any other purpose, including personal gain, competitive advantage, or any unlawful or unethical activity.
(iv) Protection of Information: You agree to take all reasonable steps to protect and safeguard the confidentiality of the Confidential Information, including implementing appropriate security measures to prevent unauthorised access, disclosure, or use.
(v) Survival of Obligations: These confidentiality and non-disclosure obligations shall survive the termination or completion of the services provided by Skip Tracing Australia and remain in effect indefinitely unless otherwise agreed in writing.
9. CLIENT INTERFERENCE
We value your eagerness to assist with our investigation. However, we kindly request that you refrain from conducting independent research or gathering information beyond our purview. Such actions can potentially hinder our progress and result in unsatisfactory outcomes.
Should we detect any client interference during our investigation, we reserve the right to apply the full Locate fee and return your file to you. This encompasses activities such as making phone calls to your subject or their associates and visiting addresses that may have been provided to you in updates.
10. EXCLUSIVITY
All agreements when you engage our services are deemed exclusive. Both parties agree that no other entity or individual shall be engaged for similar services during the term of the agreement.
11. ENTIRE AGREEMENT
This agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement and supersedes any prior understanding, arrangement, representation, or agreements between the parties as to the subject matter contained in this agreement.
12. ACCEPTABLE USE
Users must refrain from attempting to disrupt Skip Tracing Australia's operation through viruses, malware, denial-of-service attacks, or any other harmful methods. Any actions that may damage or impair the Service, including unauthorised access to accounts or computer systems, are strictly prohibited. The use of automated tools or malicious code to access the Service is expressly forbidden.
13. NON-DISPARAGEMENT
You agree not to make any defamatory or disparaging statements or comments to any third party regarding the Service, its officers, directors, employees, personnel, agents, policies, services, or products except as required by law. This provision does not limit your ability to provide reviews or performance assessments of the Service.
14. HYPERLINKS
The inclusion of any link (including hyperlinks, buttons, downloadable documentation, or referrals) within the Service is provided for your convenience. It is important to note that the presence of a link does not imply an endorsement, recommendation, or certification by us. Furthermore, the existence of a link should not be construed as suggesting any affiliation between the third-party website and us.
We expressly disclaim endorsement of the content on any third-party websites. We are not responsible for the content on linked third-party websites or advertisements.
Additionally, we do not make representations regarding the accuracy or content of such linked websites.
It is our policy not to knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights, or patents. Your use of third-party websites is undertaken at your own risk and is subject to the terms and conditions of use specified by those websites.
15. COLLECTION AND USE OF PERSONAL INFORMATION
When you contact us or purchase services on our website, we will ask you for personal information such as your name, address, and email address. We will handle all personal information we collect in accordance with our privacy policy, available at Privacy Policy, and the applicable law.
We may otherwise collect personal information about you to provide our services and for other purposes as detailed in our privacy policy and as required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services, such as information technology suppliers, communication suppliers, and our business partners.
We will handle all personal information we collect in accordance with our privacy policy and the applicable law. Our privacy policy explains:
(a) how we store and use, and how you may access and correct your personal information.
(b) how you can lodge a complaint regarding handling your personal information and
(c) how we will handle any complaint.
Please contact us if you would like any further information about our privacy policies or practices.
By providing us with your personal information, you consent to the collection, use, storage, and disclosure of that information as described in the privacy policy and these terms.
16. INTELLECTUAL PROPERTY
All content available on or through the Website is the intellectual property of SkipTracing Australia Pty Ltd or its licensors, protected by copyright, trademark, patent, trade secret, and other applicable laws. You agree not to reproduce, modify, retransmit, distribute, sell, exploit, publish, broadcast, or circulate the content received through the Service to any third party.
Our website and its content, including our products and services, may represent or contain intellectual property we own, including trademarks, copyrights, and proprietary information.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.
17. NOTICES
A notice or other communication to a party must be in writing and delivered to that party or that party’s legal representative in one of the following ways:
(a) Delivered personally; or
(a) Sent by email to their email address will be treated as received when the receipt by the recipient’s email server has been received.
18. CANCELLATION
18.1 Cancellation by the Client
(a) Clients may cancel their service request by providing written notice to Skip Tracing Australia as soon as they decide to cancel.
(b) If the cancellation occurs within 24 hours of engaging Skip Tracing Australia and before any work has commenced, no fees will be charged.
(c) If the cancellation is made after 24 hours of engaging Skip Tracing Australia, we reserve the right to charge a minimum fee of $363 (including GST), regardless of the progress of the work.
(d) If work has commenced, additional fees for services already rendered beyond the minimum fee may apply, which will be calculated at the sole discretion of Skip Tracing Australia.
18.2 Cancellation by Skip Tracing Australia
(a) Skip Tracing Australia reserves the right to cancel services at its discretion, including but not limited to instances of Client non-compliance with these Terms and Conditions.
(b) Skip Tracing Australia will notify the Client immediately in writing if it chooses to cancel services.
(c) In the event Skip Tracing Australia cancels the services, any applicable refunds or fee reductions will be determined based on the progress of the services rendered.
18.3 Notice of Cancellation
(a) Clients must notify Skip Tracing Australia immediately in writing as soon as they decide to cancel services.
(b) Skip Tracing Australia will notify the Client immediately in writing if it chooses to cancel services.
18.4 Effect of Cancellation
(a) Upon cancellation, all obligations between the parties will cease, except for any rights or liabilities that have accrued prior to the date of cancellation and in particular, you remain liable to pay all fees and charges accrued whether or not invoiced prior to cancellation.
(b) Any information or documentation provided during the service will remain confidential and subject to the confidentiality provisions outlined in these Terms and Conditions.
19. SUSPENSION AND TERMINATION
Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms and conditions or consider it appropriate, we reserve the right to immediately and without notice suspend or terminate the provision of services to you temporarily or indefinitely.
20. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY GENERAL SERVICES
We cannot guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained using the Service will be accurate or reliable.
You acknowledge and agree that we may occasionally remove the Service for indefinite periods or cancel it at any time without notice to you.
You expressly understand and agree that your use of, or inability to use, the Service is at your sole risk. The Service, and all products and services delivered to you through the Service, are provided 'as is' and 'as available' unless expressly stated otherwise by us. We disclaim all representations, warranties, or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Skip Tracing Australia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
21. DISCLAIMER OF WARRANTIES; LIMITATION OF SKIP TRACING SERVICES
Skip Tracing Australia specialises in skip-tracing services to locate individuals or entities for various lawful purposes. While we employ advanced techniques and access multiple databases to gather relevant information, we cannot guarantee the data's accuracy, completeness, or timeliness.
Skip tracing involves searching through various public records, databases, and other sources to locate individuals or entities. However, it is important to note that the information obtained through skip tracing may not always be current or accurate due to factors such as outdated records, changes in contact information, or intentional efforts to conceal one's whereabouts.
Skip Tracing Australia is committed to conducting skip-tracing services in compliance with applicable laws and regulations. However, we do not engage in any illegal or unethical practices, including but not limited to harassment or invasion of privacy.
It is important to understand that skip-tracing results are provided for informational purposes only and should not be construed as legal advice or used for unlawful purposes. Clients are solely responsible for verifying the accuracy and legality of the information obtained through skip tracing and for using it in accordance with applicable laws and regulations.
Skip Tracing Australia disclaims any liability for any damages or losses arising from the use of skip tracing services, including but not limited to reliance on inaccurate or incomplete information, unauthorised use of the obtained data, or legal consequences resulting from such use.
Clients using skip-tracing services provided by Skip Tracing Australia acknowledge and agree to abide by these terms and conditions and any applicable laws and regulations governing skip-tracing activities.
22. GOVERNING LAW
These terms and conditions are governed by the laws of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts within Queensland.
23. DISPUTE RESOLUTION
If a dispute arises between the parties, neither party can commence any court or arbitration proceedings, except where that party seeks urgent interlocutory relief, unless it has first complied with this clause.
Disputes may arise but are not limited to, out of or in relation to your agreement to these terms and conditions or the relationship of the Parties, including, without limitation, any dispute as to the existence, validity, construction, interpretation, negotiation, performance, breach, termination, or enforceability of this Agreement.
a) Complaint
The complainant must serve notice in writing on the respondent of the following:
(i) the nature of the dispute.
(ii) the outcome the complainant desires, and
(iii) the action the complainant believes will settle the dispute.
b) Endeavour to resolve the dispute.
Within 14 days of the receipt by the respondent of the notice, the parties must use their best endeavours to amicably resolve any dispute, controversy, or claim, whether based on contract, tort or otherwise by negotiation.
Mediation
If any unresolved issues remain after those 14 days, the parties will refer their dispute to a mediator nominated by the Resolution Institute and participate in good faith in mediation under the Resolution Institute Mediation Rules.
c) Arbitration
If negotiations cannot be reached by way of mediation and one of the parties chooses to resolve the dispute through final and binding arbitration, the following applies:
(iv) The seat of arbitration shall be Queensland, Australia. The law governing this Arbitration Agreement shall be the substantive law that applies in the seat of the arbitration.
(v) The dispute shall be resolved by arbitration in accordance with the ACICA Arbitration Rules.
(vi) The language of the arbitration shall be English.
(vii) The number of arbitrators shall be 1.
d) Survival of this clause
This clause survives the termination of this agreement.
24. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Skip Tracing Australia and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against any and all liabilities, costs, expenses, damages and losses (including, without limitation, any direct, indirect, special, or consequential losses, loss of reputation and all interest, penalties and legal and other professional costs and expenses, including, without limitation, the cost of internal resources) suffered or incurred as a result of arising from or in connection with your participation in:
(i) Any breach or representation or warranties contained in this Agreement.
(ii) Any actual or alleged issues related to business advice provided through Skip Tracing Australia.
(iii) Any violation of any Applicable Laws related to the provision of advice, including additional expenses or fines.
(iv) Any claim made against you for actual or alleged infringement of a third party's Intellectual Property rights arising from the content or advice provided through Skip Tracing Australia.
(v) Any claim made against you by a third party for personal injury or damage to property arising from or in connection with the advice provided through Support.
(vi) Any claim made against you by a third party arising out of or in connection with the provision of business advice, to the extent that such claim arises out of a breach, negligent performance, or failure in performance.
25. FORCE MAJEURE
Neither party shall be liable to the other party for any loss caused by a Force Majeure Event due to any failure to observe the terms and conditions of this agreement where such failure is not within a party’s reasonable control. Such events caused beyond reasonable control including but not limited to:
(vii) Natural disasters such as fire, flood, drought, earthquake, or any other event are declared natural disasters.
(viii) terrorist attack, civil war, war, armed conflict, imposition of sanctions, embargo, or.
(ix) riot, strikes, lockdowns, restrictions, prohibitions or any other actions by any government or semi-government authorities.
If a party is prevented from or delayed in performing any of its obligations under this Agreement due to a Force Majeure Event, the Affected Party shall, as soon as reasonably practicable after the start of the Force Majeure Event but no later than five (5) Business Days from its start, notify the other Party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the eject of the Force Majeure Event on its ability to perform any of its obligations under the Agreement.
The Affected Party shall use all reasonable endeavours to mitigate the effect of the Force Majeure Event.
QUESTIONS
If you have any questions about the information in this document, please email us at
[email protected] or call us at 1300 983 324.
