Terms & Policies

In these Terms of Trade, the following words have the meanings set out below.

In these Terms: headings are for convenience only; the singular includes the plural and vice versa; a reference to a person includes a company; a reference to legislation includes amendments to it; and 'including' and 'such as' are not words of limitation.

If any term of the Contract is inconsistent with the Australian Consumer Law or any other law that cannot be excluded, that law prevails to the extent of the inconsistency, and the rest of the Contract continues to apply.

These Terms of Trade apply to every Quote, Service and Contract supplied by Mould Mates and override any terms the Customer seeks to impose, unless Mould Mates agrees otherwise in writing.

A Contract is formed when the earliest of the following occurs: the Customer signs and returns a Quote or any form from the Authorisation Suite; the Customer accepts a Quote in writing (including by email or electronic acceptance); or the Customer instructs Mould Mates to commence and Mould Mates commences the Services.

By entering into the Contract the Customer confirms that, before doing so, the Customer was given a copy of (or a clear link to) these Terms of Trade and had a reasonable opportunity to read them.

If the Customer asks Mould Mates to commence the Services before a Quote is finalised, the Customer authorises the Services on these Terms and agrees to pay for the Services performed on the basis set out in clause 3.5 (time and materials).

Mould Mates may update these Terms of Trade for new Contracts at any time. Any update does not affect a Contract that has already been formed, which is governed by the version of these Terms in force at the time of formation.

Unless stated otherwise, a Quote is valid for 30 days from its date. After that, Mould Mates may withdraw or re-price it.

A Quote is based on the information available to Mould Mates and on what is reasonably visible and accessible at the time. Quotes for remediation are commonly expressed as a price range because the full extent of mould contamination cannot be known until affected materials are opened up. The Customer acknowledges and accepts this.

Inspection and assessment work is charged at a fixed fee stated in the Quote, plus travel under clause 3.6. The inspection fee is payable whether or not the Customer proceeds with any further Services.

HVAC cleaning and fogging are charged at the fixed price stated in the Quote. Remediation is charged either at a fixed price or within the quoted price range, as stated in the Quote.

Where the Services are charged on a time-and-materials basis (including emergency work, or work commenced before a Quote is finalised), charges are based on Mould Mates' applicable hourly rates, materials at cost, equipment hire, and disbursements. A minimum attendance charge of $250 applies.

Travel is included within 30 km of Mould Mates' base location at 9/71 Mitchell Avenue, Currumbin QLD 4223. Beyond 30 km, travel is charged at $2.00 per kilometre (each way) from that point.

After-hours and emergency attendance is charged at the rate set out in the Quote or in Mould Mates' then-current rate card at $400 call out fee + $300 per hour + machine hire rates. Mould Mates will advise the applicable rate before attending where practicable.

At the date of these Terms, Mould Mates is not registered for GST (see clause 6). Prices are therefore GST-free. If Mould Mates becomes registered, clause 6 applies.

Mould behind wall linings, under floor coverings, within ceiling cavities and in similar concealed locations frequently extends further than is visible at the time of quoting. The discovery of additional contamination, moisture, damage or concealed conditions is a normal feature of mould and water damage work — not a defect in the Quote or the Services.

If Mould Mates identifies conditions that will cause the cost of the Services to exceed the fixed price or the upper end of the quoted price range, Mould Mates will, before continuing the affected work:

1. (a)stop the affected work and make the area safe;
2. (b)document the conditions, including with photographs; and
3. (c)provide the Customer with a written Variation setting out the additional scope and price.

Mould Mates is not obliged to carry out a Variation until the Customer approves it in writing (which includes email or text message). Approved Variations form part of the Contract and are charged in addition to the original price.

If the Customer does not approve a Variation within a reasonable time, Mould Mates may complete only the work that can safely and properly be completed within the original scope, suspend the Services, or treat the Contract as at an end as to the unapproved work, and in each case charge for work properly performed to that point.

Minor investigative work reasonably necessary to determine the extent of contamination — limited to no more than 30 minutes of additional labour and no cosmetic damage beyond what can be made good without reinstatement — may be carried out within the original scope without a separate Variation, provided it does not cause the price to exceed the quoted amount or range.

For mould remediation Services and any other Services with a total price of $2,500 or more, Mould Mates may require a deposit of 10% of the price before the work is scheduled. The booking is not confirmed until the deposit is received. For commercial customers, additional deposit and progress-payment terms in Document B may apply.

Unless the Quote or a Schedule states otherwise, payment terms are:

1. (a)inspection fees — payable on or before the day of attendance;
2. (b)residential remediation, treatment, fogging, HVAC cleaning and water damage Services — the balance is payable on completion of the Services; and
3. (c)commercial customers and Authorised Representatives — as set out in Document B or Document C.

Mould Mates may issue progress invoices for Services performed in stages or over more than one attendance.

Payment must be made by the method stated on the invoice. A surcharge may apply to card payments to recover the cost of processing; any surcharge will not exceed Mould Mates' reasonable cost of acceptance (within the meaning of the Reserve Bank of Australia's surcharging standards).

The Customer must pay the full invoiced amount and may not withhold or set off any amount, except to the extent the Customer has a right to do so under a law that cannot be excluded.

The Customer's obligation to pay is not contingent on the Customer recovering any amount from an insurer, landlord, Body Corporate or other third party. See also Document D.

At the date of these Terms, Mould Mates is not registered for GST. Prices are GST-free, and invoices issued are not tax invoices.

If Mould Mates becomes registered for GST, it will give the Customer at least 14 days' written notice before the registration takes effect. From the effective date of registration, all prices are exclusive of GST, GST will be added to invoices, and where a Quote was issued before that date GST will be added to amounts not yet invoiced on that Quote.

The Customer must, at no cost to Mould Mates, provide safe and clear access to the Site at the agreed times, including:

1. (a)a clear driveway or parking area adjacent to the Site sufficient to unload and operate equipment and machinery;
2. (b)access to working electrical power and water; and
3. (c)access to all areas in which the Services are to be carried out, including roof / ceiling cavity where required.

Before Mould Mates attends, the Customer must remove all personal possessions and contents from the areas in which the Services are to be carried out. On remediation jobs the customer may be required to move furniture out of the area. Mould Mates does not move, handle or store the Customer's contents and is not responsible for loss of or damage to contents that the Customer has not removed.

If the Site is not ready, access is not provided, or conditions prevent the Services from proceeding safely or properly, Mould Mates may reschedule and charge a re-attendance fee of $250 for the first occurrence, $500 for the second, and may terminate the Contract on any further occurrence.

The Customer must disclose to Mould Mates, before the Services commence, anything known to the Customer that affects safety or the Services, including suspected Hazardous Materials, the age of the building, known leaks or defects, and the matters in clause 13.3 (vulnerable occupants). The Customer must also ensure (where the Site is tenanted) that all required tenant notices have been given and consents obtained under the applicable residential tenancy laws.

Where the Customer is also the person in control of the workplace within the meaning of the Work Health and Safety Act 2011 (QLD) or the Work Health and Safety Act 2011 (NSW), the Customer must comply with that role's duties, including disclosing known hazards to Mould Mates and cooperating with Mould Mates' reasonable safety instructions on Site.

Mould Mates will carry out the Services with due care and skill and in a manner consistent with relevant industry standards, including the current published versions of the applicable IICRC standards for mould remediation (S520) and water damage restoration (S500), as appropriate to the Services and to the extent reasonably practicable at the Site.

Mould Mates' technicians hold IICRC certification in Applied Microbial Remediation (AMRT) and Water Damage Restoration (WRT). Mould Mates is a specialist mould remediation, water damage restoration and indoor hygiene contractor; it is not a builder, plumber, electrician, asbestos contractor or licensed building contractor.

Mould Mates does not carry out 'building work' requiring a building contractor licence. It does not perform structural work and does not remove or alter structural elements such as load-bearing timber framing. Strip-out is limited to non-structural contaminated materials (which for the purposes of these Terms means non-load-bearing items such as plasterboard linings, ceiling linings, skirting, trim, carpet, underlay, MDF and similar porous coverings). Reinstatement of removed materials (for example re-lining, re-flooring, re-fitting and painting) is not within the Services and must be arranged by the Customer with appropriately licensed trades. See clause 16.

Timeframes and completion estimates are given in good faith but are estimates only and may be affected by Site conditions, latent conditions, weather, the discovery of Hazardous Materials, Variations and matters beyond Mould Mates' control.

Where floor coverings (such as carpet) must be cut or lifted to access a subfloor or to remediate, Mould Mates will cut and lift but does not re-lay or reinstate floor coverings. Reinstatement is to be arranged by the Customer at the Customer's cost.

Mould Mates will document the condition of relevant areas of the Site before commencing, including with photographs, to record pre-existing damage. The Customer is encouraged to raise any concern about pre-existing condition before the Services commence.

A Report is prepared solely for the Customer named in it and solely for the purpose stated in it. It is current as at the date of inspection only; the condition of a building can change at any time.

Unless the Quote expressly states otherwise, an inspection is a non-invasive visual inspection supported by such moisture metering, thermal imaging and sampling as Mould Mates considers appropriate. Mould Mates does not open up, dismantle or damage the building during an inspection and does not inspect areas that are concealed, inaccessible, unsafe or not reasonably able to be inspected. Mould Mates does not represent or guarantee that mould, moisture or damage is not present in areas that were not inspected or able to be inspected.

A Report is not a structural, building, pest, electrical, plumbing or compliance report, is not a certificate of fitness for habitation, and is not legal, medical or insurance advice.

Where Mould Mates arranges laboratory analysis of air or surface samples, the laboratory's results are reproduced or referred to as issued by the accredited laboratory. Mould Mates is responsible for selecting an appropriately accredited laboratory and for the steps Mould Mates can reasonably check; Mould Mates is not liable for errors in the laboratory's internal testing methodology that Mould Mates could not reasonably have detected.

A Report is provided for the Customer's information. The Customer must not provide, publish or distribute a Report (in whole or in part) to any third party, or permit any third party to rely on it, except to the Customer's own professional advisers, insurer or treating practitioner on a non-reliance basis, without Mould Mates' prior written consent.

Mould Mates owes no duty of care to, and accepts no liability to, any person other than the Customer in respect of a Report. No third party (including any subsequent owner, occupier, landlord, tenant, agent, purchaser, insurer or Body Corporate) is entitled to rely on a Report.

The Customer must not use a Report as the basis of, or as evidence in, any legal proceeding, claim or demand against any third party without Mould Mates' prior written consent. Mould Mates' reasonable costs of responding to a breach of this clause (including legal costs) may be recovered as a debt.

Mould Mates may, on request and at its discretion, re-issue or address a Report to a further party (for example, a purchaser) on terms acceptable to Mould Mates and on payment of a re-issue fee. Re-issue does not extend any guarantee or warranty.

Mould growth is caused by moisture. Mould spores are present in all indoor environments and will grow again wherever sufficient moisture, humidity or a water source is present.

Mould Mates does not, and cannot, guarantee that mould will not recur at the Site. Recurrence depends on factors outside Mould Mates' control, including (without limitation):

1. (a)new or ongoing water ingress, leaks, flooding, rising damp or plumbing failure;
2. (b)indoor humidity, ventilation, heating and occupant behaviour;
3. (c)the Customer not implementing the moisture-control and prevention recommendations provided by Mould Mates;
4. (d)building defects or maintenance issues not rectified by the Customer or others;
5. (e)work by other trades, or disturbance of treated or contained areas; and
6. (f)mould in areas of the Site that were not within the scope of the Services.

The Services treat and remediate identified mould and address the moisture source to the extent within the agreed scope. They do not waterproof the building, repair the cause of moisture beyond the agreed scope, or insulate the Site against future moisture events.

Clause 10 limits the scope of what Mould Mates promises. It does not exclude the consumer guarantees described in clause 11, which continue to apply to the Services actually supplied.

Nothing in the Contract excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other law where to do so would be unlawful. The following notice is given where the Customer is a Consumer:

Where the Services include the supply of goods to a Consumer, the following additional notice is given: 'Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.'

Without limiting these rights, the Customer may consider a failure to be a 'major failure' under section 268 of the Australian Consumer Law where the failure: would not have been acquired had the failure been known; departs in a significant respect from the description given; is substantially unfit for its disclosed purpose; or creates a substantial safety risk.

These rights are in addition to clause 12. Where a law allows Mould Mates to limit its liability for non-consumer customers, the limit is set out in clause 17 and (for commercial customers) Document B.

Mould Mates stands behind the quality of its workmanship. If the Services were not carried out with due care and skill, the Customer should notify Mould Mates in writing as soon as reasonably practicable after becoming aware of the issue.

On receiving a notice, Mould Mates will inspect and, where the issue results from a failure in Mould Mates' workmanship, re-perform the affected Services. The Customer should give Mould Mates a reasonable opportunity to inspect and rectify before engaging any other person to do so.

Clause 12 does not apply to, and Mould Mates is not responsible for, mould recurrence or other conditions arising from the matters in clause 10.2, work by others, or the Customer's failure to act on Mould Mates' recommendations.

Clause 12 is a contractual commitment in addition to the Customer's rights under clause 11. It does not limit those rights and does not impose a time bar on a Consumer's right to claim under the Australian Consumer Law.

For mould treatment, mould remediation, and (where advised) larger water damage Services, all occupants, including pets, must vacate the relevant areas of the Site for the duration of the Services and for the re-entry period advised by Mould Mates in writing on a job-by-job basis (typically two hours after completion, but longer where chemistry, ventilation or occupant sensitivity requires).

If occupants do not vacate as required and Mould Mates cannot safely or properly carry out the Services, Mould Mates may decline to proceed, reschedule, and charge a re-attendance fee under clause 7.3.

The Customer must disclose to Mould Mates, before the Services commence, the presence of any occupant who may be more vulnerable to mould exposure or treatment products, including infants, elderly persons, pregnant persons, and persons with asthma, respiratory conditions, compromised immune systems or chemical sensitivities, so that Mould Mates can advise on appropriate precautions. The relevant authorisation form in the Authorisation Suite contains a specific health declaration for this purpose.

Mould Mates does not provide personal protective equipment to occupants or other parties. No person other than Mould Mates' personnel may enter a containment or active work area while the Services are in progress.

Mould Mates does not provide medical advice. Statements about mould and health are general information only. Mould Mates does not diagnose any medical condition and does not warrant any health outcome, symptom improvement or air-quality result from the Services. The Customer should consult a qualified medical practitioner about any health concern.

Drying, dehumidification, air-moving, containment and similar equipment used by Mould Mates may be owned by Mould Mates or hired by Mould Mates from a third party. Title to that equipment remains with Mould Mates or the hire company at all times. Equipment is not sold to the Customer.

Where equipment is left running or in place at the Site between attendances, the Customer must, while Mould Mates is not present:

1. (a)not move, switch off, adjust, tamper with or interfere with the equipment, or permit others to do so;
2. (b)keep children, pets and other persons away from the equipment and from any containment, barriers, cords or work areas;
3. (c)take reasonable care of the equipment and the work area; and
4. (d)promptly notify Mould Mates of any fault, damage, water event or safety concern.

The Customer is responsible for the cost of electricity used to run equipment at the Site. The Customer is liable for loss of, theft of, or damage to equipment while it is at the Site and in the Customer's possession or control, except to the extent caused by Mould Mates, by a person acting on Mould Mates' instructions, or by an event beyond the Customer's reasonable control.

If the Customer's act or omission delays the completion of the Services or extends the period equipment must remain on Site, the Customer is liable for the additional hire and attendance costs.

When the Services are interrupted or completed, Mould Mates will identify to the Customer any equipment, barrier or condition at the Site that requires care. The Customer is then responsible for the safety of the area in respect of its own occupants and any other trades or visitors it allows on Site.

The Services do not include the testing, assessment, handling, disturbance or removal of Hazardous Materials.

Mould Mates does not assume that any building is free of Hazardous Materials. For buildings constructed before 1990, asbestos-containing materials should be assumed to be possible. Mould Mates refers the Customer to appropriately licensed asbestos and hazardous-materials contractors for testing and removal.

If Mould Mates identifies or reasonably suspects the presence of a Hazardous Material, Mould Mates will stop the affected work immediately, not disturb the material, and notify the Customer. The affected work will not resume until the Customer has, at the Customer's cost, engaged a suitably licensed contractor to assess and (where required) make safe or remove the material, and it is safe and lawful for Mould Mates to continue.

Any delay, re-attendance, standing time or additional cost arising from a Hazardous Material is a Variation chargeable to the Customer. Mould Mates is not liable for loss arising from the presence of a Hazardous Material or from a stoppage under this clause, except to the extent any non-excludable consumer guarantee applies.

Where the Customer's situation requires work outside the Services — including plumbing, leak repair, building and structural repair, reinstatement of removed materials, electrical work, waterproofing and painting — Mould Mates will identify the type of trade required, and may identify in a Report the kinds of specialist that the Customer should engage.

Mould Mates does not recommend or endorse any specific trade unless expressly stated in writing. Any trade or specialist the Customer engages is engaged directly by the Customer under a separate contract between the Customer and that party. Mould Mates does not engage, supervise, warrant or accept responsibility for that party or its work, even if Mould Mates suggested or referred them.

Mould Mates may engage its own subcontractors to assist in performing the Services. Mould Mates remains responsible for Services so performed, subject to these Terms (including clause 17).

Where Mould Mates arranges a third-party service (such as laboratory analysis), the cost may be passed on to the Customer. Mould Mates' liability for third-party services is as set out in clause 9.4.

Clause 17 applies subject to clause 11. Nothing in clause 17 excludes or limits any liability that cannot lawfully be excluded or limited, including liability under the consumer guarantees.

To the maximum extent permitted by law, Mould Mates is not liable for:

1. (a)mould recurrence or any condition arising from the matters described in clause 10.2;
2. (b)pre-existing damage, defects or conditions at the Site, or the consequences of building defects, moisture sources or Hazardous Materials not within the agreed scope of the Services;
3. (c)loss of or damage to contents that the Customer was required to remove and did not remove;
4. (d)any act, omission, work, report or advice of a third party or of a trade engaged by the Customer (subject to clause 16.3 in respect of Mould Mates' own subcontractors); or
5. (e)any health condition, symptom or outcome, or any claim that the Services did or did not affect the health of any person, except to the extent the claim arises from Mould Mates' breach of a consumer guarantee or its own negligence.

Subject to clause 11 and to the maximum extent permitted by law, Mould Mates is not liable for indirect or consequential loss arising from a cause other than its breach of a consumer guarantee or its own negligence. Nothing in this clause limits a Consumer's right to recover reasonably foreseeable loss under the Australian Consumer Law.

Where a Customer is not a Consumer and the law permits Mould Mates' liability for failing to comply with a non-excludable guarantee to be limited, Mould Mates' liability is limited at its election to re-supplying the affected Services or paying the cost of having them re-supplied. This clause does not apply to a Consumer. Additional liability provisions for commercial customers are set out in Document B.

Mould Mates' liability is reduced to the extent the Customer or any person for whom the Customer is responsible caused or contributed to the relevant loss.

The Customer should notify Mould Mates as soon as reasonably practicable after becoming aware of any matter that may give rise to a claim. Failure to do so does not bar a claim by a Consumer but may, to the extent permitted by law, be taken into account in assessing it. For Customers other than Consumers, the contractual notice period set out in Document B applies.

The Customer acknowledges that Mould Mates holds Public Liability insurance and is taking steps to obtain Professional Indemnity cover before commencing any pre-purchase mould inspection Services. Mould Mates will provide a current Certificate of Currency on reasonable request. The Customer must make its own arrangements (including building and contents insurance) for risks not covered by the Services.

The Customer may cancel or reschedule a booking by written notice to Mould Mates. Subject to clauses 18.4 and 19:

1. (a)cancellation more than 48 hours before the scheduled start — Mould Mates will refund the deposit, less any reasonable costs already incurred and any third-party costs already committed;
2. (b)cancellation within 48 hours of the scheduled start, or failure to provide access on the day — Mould Mates may retain so much of the deposit as represents a genuine pre-estimate of its loss, comprising labour already scheduled, equipment hire already committed, and a reasonable contribution to administrative costs, capped at the deposit amount; and
3. (c)cancellation after the Services have commenced — the Customer must pay for all Services properly performed and all costs reasonably incurred up to the date of cancellation.

Amounts retained under clause 18.1 are limited to a genuine pre-estimate of Mould Mates' loss and are not a penalty. Mould Mates will identify the loss components on the invoice and refund any balance of the deposit not so applied.

Mould Mates may cancel, suspend or decline to proceed with the Services if: the deposit is not paid; access or Site readiness is not provided; a Hazardous Material is identified; the Site is unsafe; a Variation is not approved; an occupant does not vacate as required; the Customer's conduct (or that of an occupant) is abusive or threatening to Mould Mates' personnel; or the Customer breaches the Contract. Mould Mates will charge for Services properly performed to that point.

Clause 18 does not limit any cancellation, cooling-off or refund right the Customer has under the Australian Consumer Law, including under clause 19.

If a Consumer enters into the Contract as a result of Mould Mates contacting or approaching the Consumer without invitation (for example, by an uninvited visit to the Consumer's premises or an uninvited telephone call), the Contract may be an 'unsolicited consumer agreement' under the Australian Consumer Law.

Where the Contract is an unsolicited consumer agreement, the Consumer has a right to terminate it within 10 business days, beginning on the first business day after the agreement was made (or after the Consumer received a copy of it). The Consumer may terminate by giving Mould Mates notice in person, by post to 9/71 Mitchell Avenue, Currumbin QLD 4223, or by email to [email protected].

Where the Contract is an unsolicited consumer agreement, Mould Mates will give the Consumer at the time of agreement: (a) the prescribed warning notice; (b) the cancellation form prescribed by section 79 of the Australian Consumer Law; and (c) a copy of the signed agreement. Mould Mates will not supply the Services or accept payment during the 10-business-day cooling-off period unless the Consumer has lawfully requested earlier supply in writing under section 86.

If the Consumer terminates under this clause, Mould Mates will refund amounts paid in accordance with the Australian Consumer Law.

Mould Mates may suspend the Services or terminate the Contract by notice if the Customer fails to pay any amount when due, fails to approve a necessary Variation, fails to provide access or Site readiness, or otherwise breaches the Contract and does not remedy the breach within a reasonable time of being asked to.

On termination, the Customer must pay for all Services properly performed and all costs reasonably incurred up to termination. Clauses concerning Reports, intellectual property, confidentiality, liability, payment, interest and recovery survive termination.

If an invoice is not paid in full by its due date, Mould Mates may:

1. (a)charge interest on the overdue amount at the Reserve Bank of Australia cash rate plus 6% per annum, calculated daily from the due date until payment in full;
2. (b)recover from the Customer all reasonable costs of recovering the debt, including debt collection agency fees, dishonour fees and reasonable legal costs;
3. (c)withhold any Report or further work that relates to the unpaid Services and that has not already been issued;
4. (d)report the default to a credit reporting body, where lawful to do so; and
5. (e)commence recovery proceedings.

For commercial customers only, additional security and charging provisions are set out in clause B5 of Document B. For Consumers, Mould Mates does not take, and does not seek to enforce, a contractual charge over the Site or other real property under these Terms.

Mould Mates' rights under this clause 21 are in addition to its rights under the Personal Property Securities Act 2009 (Cth) in respect of any goods supplied as part of the Services.

Mould Mates collects and handles personal information in accordance with its Privacy Policy (Document G), which forms part of the Contract.

Mould Mates takes photographs and video of the Site and the Services for the purposes of assessment, Reports, quality records and verification. The Customer consents to this for those purposes.

Separate, opt-in consent for marketing use of 'before and after' and process images and videos is obtained on the relevant Authorisation Form. Where consent is given, the Customer grants Mould Mates a non-exclusive, royalty-free licence to use those images and videos for Mould Mates' marketing, training and promotional purposes, on the basis that Mould Mates will not publish the Site address or any image by which an individual is identifiable without a separate written release. The Customer may withdraw consent to future marketing use at any time by written notice; withdrawal is prospective only and does not require Mould Mates to remove material already published.

All Reports, methodologies, templates, systems and other materials created or used by Mould Mates remain the intellectual property of Mould Mates.

On full payment of all amounts owing for the relevant Services, the Customer is granted a non-exclusive, non-transferable licence to use the Report for the Customer's own purposes in relation to the Site only, subject to clause 9.

Each party must keep confidential the non-public information of the other party that it learns through the Contract, including Mould Mates' pricing, methods and Reports, and the Customer's personal and property information, and must use it only for the purposes of the Contract.

Clause 24.1 does not apply to information that is public (other than through breach), is required to be disclosed by law, or is disclosed to a party's professional advisers or insurers on a confidential basis.

All correspondence between the parties about a dispute is without prejudice unless marked 'open'.

Mould Mates is not liable for any delay in or failure to perform the Services to the extent caused by an event beyond its reasonable control, including flood, storm, cyclone, fire, natural disaster, epidemic or pandemic, government restriction or direction, failure of utilities, industrial action not involving Mould Mates' own personnel, or unavailability of materials or equipment.

Mould Mates will notify the Customer of a force majeure event and may reschedule the Services. If the event continues for more than a reasonable period, either party may terminate the Contract as to the unperformed Services, and the Customer must pay for Services properly performed to that point.

A notice under the Contract must be in writing and given to the other party by hand, by pre-paid post, or by email to the address last notified. Mould Mates' details for notices are: T.P AHERN & N.L SMART, 9/71 Mitchell Avenue, Currumbin QLD 4223; email [email protected].

A notice is taken to be received: if delivered by hand, when delivered; if posted, on the third business day after posting; and if emailed before 5pm on a business day, on that day, otherwise on the next business day, unless the sender receives an automated delivery-failure message.

If a dispute arises, the party raising it must first notify the other party in writing setting out the dispute, and the parties must then attempt in good faith to resolve it by discussion.

If the dispute is not resolved within 21 days of that notice, either party may refer it to mediation administered by a mediation body agreed between the parties (or, failing agreement, nominated by the Queensland Law Society). The parties will share the mediator's fees equally, except that for a Consumer the mediator's fee will be borne by Mould Mates unless and to the extent a court or tribunal otherwise orders.

Disputes under $10,000 in value are not required to proceed to mediation and may instead be referred directly to QCAT (for Queensland Sites) or NCAT (for New South Wales Sites).

Clause 27 does not prevent a party from seeking urgent relief from a court or tribunal, and does not prevent a Consumer from making a complaint to the relevant State consumer protection agency or from applying to QCAT or NCAT in accordance with their respective jurisdictional thresholds.

The Contract is governed by the laws of Queensland. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and of the courts competent to hear appeals from them, except that for tribunal claims venue follows the location of the Site (QCAT for Queensland Sites, NCAT for New South Wales Sites).

Where the Site is in New South Wales, the parties acknowledge that mandatory New South Wales laws — including residential tenancy and strata legislation and consumer protection laws — apply to the relevant relationship and cannot be contracted out of. Nothing in clause 28.1 limits the operation of those laws.

The Customer may not assign the Contract or any right under it without Mould Mates' written consent. Any guarantee, warranty or licence given to the Customer is personal to the Customer and does not pass to a new owner or occupier of the Site.

Mould Mates may assign or novate the Contract, and may use subcontractors, on notice to the Customer.

If a provision of the Contract is or becomes invalid or unenforceable, it is severed and the rest of the Contract continues.

A failure or delay by a party in exercising a right is not a waiver of that right.

The Contract is the entire agreement between the parties about its subject matter and supersedes all prior representations and understandings. This clause does not exclude liability for any statement made fraudulently, or any right or remedy under the Australian Consumer Law.

Where a Schedule or Addendum applies (Document B, C or D), and there is any inconsistency, the Schedule or Addendum prevails over these Terms of Trade for that Customer or that work. If Documents B and D both apply (a commercial customer with an emergency water damage / insurance matter), Document D prevails for the emergency / insurance aspects and Document B prevails for the commercial-customer aspects.

The parties consent to electronic execution and exchange of the Contract and any form in the Authorisation Suite under the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions (Queensland) Act 2001 and the Electronic Transactions Act 2000 (NSW), as applicable.

This website is operated by T.P AHERN & N.L SMART ABN 65 588 649 365, trading as 'Mould Mates' ('we', 'us', 'our'). By accessing or using the website, you agree to these Website Terms of Use. If you do not agree, please do not use the website.

We may update these terms from time to time by posting the updated version on the website. The version in force when you use the website applies to that use.

Information on the website — including information about mould, health, moisture and our Services — is general in nature and provided for information only. It is not professional, medical, legal or insurance advice and should not be relied on as a substitute for advice tailored to your circumstances.

Every property is different. Statements about timeframes, results, processes and pricing are general and indicative. Actual scope, timeframes and pricing are set out in a Quote provided after assessment.

We try to keep the website accurate and current but do not warrant that it is free of errors or omissions, or that it is complete or up to date. We may change website content at any time.

Submitting an enquiry or quote-request form does not create a contract. A contract for Services is formed only as set out in our Terms of Trade.

Any quote we provide is subject to our Terms of Trade and is valid for the period stated in it.

All content on the website — including text, images, logos, branding, reports and graphics — is owned by or licensed to us and is protected by intellectual property laws.

You may view and print website content for your own personal, non-commercial use. You must not copy, reproduce, republish, modify or commercially exploit website content without our written permission.

You must not use the website for any unlawful purpose, to transmit malicious code, to attempt to gain unauthorised access to our systems, to scrape or harvest data, or in any way that damages, disables or impairs the website.

The website may contain links to, or content from, third parties (including review platforms and social media). We are not responsible for third-party content or websites and do not endorse them.

Customer reviews and testimonials displayed on the website reflect the views of those customers and the outcomes they experienced. Results vary between properties.

To the maximum extent permitted by law, we are not liable for any loss arising from your use of, or inability to use, the website, or from reliance on website content. Nothing in these terms excludes any right or guarantee under the Australian Consumer Law that cannot lawfully be excluded.

Our handling of personal information collected through the website is governed by our Privacy Policy.

These Website Terms of Use are governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of Queensland.

Questions about these terms can be sent to [email protected].

T.P AHERN & N.L SMART ABN 65 588 649 365, trading as 'Mould Mates' ('we', 'us', 'our'), respects your privacy. This Policy explains how we collect, use, hold, disclose and protect personal information. We handle personal information consistently with the Australian Privacy Principles in the Privacy Act 1988 (Cth).

We collect personal information that is reasonably necessary for our functions, including:

1. (a)contact and identity details — name, address, email, phone number;
2. (b)property information — the address, age, condition, occupancy and history of the Site, and details of the issue;
3. (c)photographs and video of the Site and the Services, and moisture, sampling and inspection data;
4. (d)transaction information — quotes, invoices, payment records (we do not store full card numbers); and
5. (e)records of our communications with you.

We do not require health information for routine work. Where the work involves treatment or fogging, the relevant Authorisation Form contains a specific opt-in health declaration covering vulnerable occupants. Health information is 'sensitive information' under the Privacy Act. We collect it only with your specific consent, use it only for safety planning and re-entry advice, do not use it for marketing, and apply additional safeguards in storage and access.

Where we collect personal information on a form (whether on the website or on paper), the form will tell you at or before collection: why we are collecting the information, what we will use it for, who we may disclose it to, the consequences of not providing it, and where to find this Policy.

We collect personal information directly from you — through enquiry and quote forms, phone calls, emails, on-site visits and signed forms — and, where you ask us to deal with them, from your representatives (such as an agent, strata manager or insurer). Where it is unreasonable or impracticable to collect directly from you, we may collect from a person who engages us on your behalf, and we will notify you as soon as practicable.

We collect, hold and use personal information to: respond to enquiries and prepare quotes; carry out and manage the Services; prepare Reports; schedule, invoice and take payment; keep quality, safety and compliance records; communicate with you and your authorised representatives; and (where you have not opted out) send you service information and marketing about our Services.

You can opt out of marketing at any time by using the unsubscribe function or contacting us at the details in clause G10.

We may disclose personal information to: laboratories that analyse samples; our contractors and service providers who help us deliver the Services or run our business (including IT, CRM and accounting providers); an insurer, agent, strata manager, landlord or Body Corporate where you have engaged us through them or asked us to deal with them; a specialist trade where you ask us to make a referral; our professional advisers; and others where required or authorised by law.

We do not sell personal information. We do not disclose a Report to a third party except as permitted by clause 9 of the Terms of Trade.

Some of our service providers store or process data on servers located outside Australia. The countries currently relevant are the United States (CRM, email and marketing platforms). Before disclosing personal information overseas, we take reasonable steps to ensure the recipient does not breach the Australian Privacy Principles, or rely on one of the exceptions in APP 8.

We store personal information in electronic form and take reasonable steps to protect it from misuse, interference, loss, and unauthorised access, modification or disclosure, including through access controls and reputable service providers.

We retain records, including Reports and job documentation, for at least 7 years, to meet legal, insurance and limitation-period requirements. We take reasonable steps to destroy or de-identify personal information when it is no longer needed and we are not required to keep it.

You may request access to the personal information we hold about you, and ask us to correct it if it is inaccurate, out of date or incomplete, by contacting us at the details in clause G10. We will respond within a reasonable time. We may need to verify your identity, and in limited circumstances permitted by law we may decline access, in which case we will explain why.

If you have a privacy concern or complaint, contact us at the details in clause G10 and we will investigate and respond. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.

Privacy enquiries, access and correction requests and complaints can be sent to: Mould Mates, 9/71 Mitchell Avenue, Currumbin QLD 4223; email [email protected].

We may update this Policy from time to time. The current version will be available on our website.