Terms and Condition
1. Introduction
Welcome to the website of Profab Construction Pty Ltd (“we”, “us” or “our”), a commercial concrete business operating in Victoria, Australia.
These Terms and Conditions govern your access to and use of our website.
By accessing or using this website, you agree to these Terms and Conditions to the extent permitted by law. If you do not agree, please discontinue using the website.
This website provides information about our business, commercial concrete services and how to contact us. We do not sell products or process product purchases through this website.
2. Use of This Website
You agree to use our website lawfully and responsibly.
You must not:
Use the website for unlawful, fraudulent or misleading purposes.
Attempt to gain unauthorised access to our website, systems or data.
Interfere with the website's operation, security or functionality.
Introduce viruses, malicious software or other harmful material.
Copy, reproduce or exploit website content without permission, except where permitted by law.
Use the website in a way that may damage our business, reputation or systems.
We may restrict access to the website where reasonably necessary for security, maintenance or to address misuse.
3. Information About Our Services
Our website may contain information about our commercial concrete services, capabilities, previous projects and areas of operation.
This information is provided for general informational purposes and does not constitute a binding offer, quotation, technical specification or guarantee that we can undertake a particular project.
The suitability, cost and feasibility of concrete works may depend on factors including site conditions, access, ground conditions, design specifications, engineering requirements, weather, materials, labour availability and project scheduling.
Any information provided on this website should not be relied upon as a substitute for project-specific assessment or professional engineering, building or construction advice.
4. Enquiries and Quotations
You may use our website contact form to enquire about our services or request further information.
Submitting an enquiry does not guarantee that we will accept the proposed work, provide a quotation or respond within a particular timeframe.
Any preliminary estimates or indicative pricing provided during initial discussions are subject to confirmation of the relevant project requirements and conditions.
A quotation will be subject to its stated scope, assumptions, exclusions, validity period and other applicable conditions.
Unless otherwise agreed in writing, a website enquiry or preliminary discussion does not itself establish a contract for construction services.
5. Project Agreements
Commercial concrete works undertaken by us will be governed by a separate written quotation, proposal, work order or contract, as applicable.
The relevant project agreement may specify:
The scope of works and deliverables.
Project specifications, drawings and materials.
Contract price, payment terms and any deposit or progress payments.
Project commencement dates and estimated timeframes.
Site access, preparation and client responsibilities.
Variations, additional work and associated costs.
Weather delays, site conditions and other potential disruptions.
Defects, warranties and applicable statutory rights.
Termination, dispute resolution and other contractual obligations.
If a separate agreement applies to a project, the terms of that agreement will govern the project to the extent stated in that agreement and permitted by law.
Nothing in these website Terms and Conditions replaces any separate construction contract or statutory requirements that apply to the works.
6. Site Information and Project Requirements
Any project information, plans, drawings, measurements or site details provided to us during an enquiry or quotation process should be accurate and complete to the best of your knowledge.
Quotations and proposed works may need to be revised if site conditions, specifications, access requirements or other material project details differ from the information originally supplied.
Any changes to agreed works, pricing or timeframes will be dealt with under the applicable project agreement and relevant legal requirements.
No work is authorised merely because a person submits an enquiry through our website.
7. Intellectual Property
Unless otherwise stated, website content, including text, photographs, graphics, logos, branding, designs and other materials, is owned by or licensed to [Business Name].
You may view and use website content for personal or internal business reference.
You must not reproduce, distribute, modify, republish or commercially exploit our content without prior written permission, except where permitted by law.
Intellectual property rights relating to project drawings, plans, specifications, photographs, designs or other materials supplied by clients or created for specific projects will be addressed under the relevant project agreement and applicable law.
8. Third-Party Websites
Our website may contain links to third-party websites or services for convenience.
We do not control those websites and are not responsible for their content, accuracy, availability, security or privacy practices.
A link does not necessarily constitute an endorsement of the third party or its services.
You access third-party websites at your own discretion and should review their applicable terms and policies.
9. Website Tracking and Analytics
We use website tracking and analytics tools to understand how visitors interact with our website and to improve its usability, functionality and performance.
Depending on the tools implemented, these technologies may collect information such as pages visited, browsing activity, device and browser information, referral sources and technical performance data.
Website tracking is used for website usage analysis, performance monitoring and improvement purposes only. We do not use it for targeted advertising or to sell personal information.
Our tracking technologies may use cookies or similar technologies, depending on the tools implemented on our website.
Further information about the handling of personal information is available in our Privacy Policy.
10. Website Availability and Security
We aim to keep our website accessible and functioning properly. However, we do not guarantee that it will always be available, uninterrupted, error-free or free from harmful components.
Access may be interrupted due to maintenance, technical issues, security concerns or circumstances beyond our reasonable control.
You are responsible for taking appropriate precautions when accessing the website, including maintaining suitable security measures on your own devices.
11. Limitation of Liability
To the extent permitted by law, we are not liable for loss or damage arising from your use of, reliance on or inability to access this website, including loss arising from website interruptions, technical errors or reliance on general website information.
This clause applies only to the website and does not replace or limit any rights, obligations or remedies arising under a separate project agreement.
Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation.
Where our liability cannot lawfully be excluded but may be limited, any limitation will apply only to the extent permitted by law.
12. Indemnity
To the extent permitted by law, you are responsible for losses or reasonable costs we incur as a direct result of your unlawful use of the website or your material breach of these Terms and Conditions.
This clause does not apply to the extent that the loss or liability results from our own conduct or where an indemnity would otherwise be unlawful.
13. Privacy
Your use of this website is also subject to our Privacy Policy, which explains how we collect, use, store and disclose personal information.
Our Privacy Policy is available here.
14. Changes to These Terms and Conditions
We may update these Terms and Conditions from time to time to reflect changes to our website, business practices or legal obligations.
Updates will be published on this page with a revised “Last updated” date.
Changes will apply subject to applicable law and will not retrospectively alter rights or obligations under an existing project agreement unless permitted by law or agreed by the relevant parties.
15. Governing Law
These Terms and Conditions are governed by the laws of Victoria, Australia, subject to any applicable Commonwealth laws.
You submit to the jurisdiction of the courts of Victoria and any courts entitled to hear appeals from them, subject to applicable law.
Nothing in this clause limits any rights or protections available under applicable Australian law.
16. Contact Us
If you have any questions about these Terms and Conditions, please contact us here.