Website Terms of Use

Welcome to the New England Hydro Vac website at www.newenglandhydrovac.com.au.

This website is operated by Micks Excavations (NSW) Pty Ltd (ACN 655 696 898) as trustee for Micks Excavations Trust (ABN 76 547 894 022), trading as New England Hydro Vac.

In these Terms of Use, references to “New England Hydro Vac”, “we”, “us” and “our” refer to that legal entity.

By accessing or using this website, you agree to comply with these Terms of Use to the extent permitted by applicable law.

If you do not agree with these terms, you should discontinue using the website.

New England Hydro Vac provides specialist hydro excavation, non-destructive digging (NDD), vacuum excavation, underground service exposure, vacuum loading and related civil infrastructure services.

Our services are available throughout Tamworth, New England, North West NSW and other locations by arrangement.

Information published on this website is intended to provide a general overview of our services, capabilities and operations.

The availability, scope and suitability of services for a particular project are subject to assessment and confirmation by New England Hydro Vac.

We make reasonable efforts to ensure that information published on our website is accurate, current and complete.

However, website content is provided for general informational purposes and may be updated or changed without notice.

Service descriptions, equipment specifications, operational capabilities, availability and other information may change.

You should contact New England Hydro Vac to confirm information relevant to your particular project before relying upon it.

Nothing in these Terms of Use excludes or limits any rights or remedies that cannot lawfully be excluded or limited.

Our website allows visitors to submit enquiries, request quotations and provide project information.

Submitting a quotation request or enquiry does not automatically create a contract, confirm a booking or guarantee the availability of equipment or personnel.

Any quotation provided by New England Hydro Vac may be subject to further assessment of:

• Project location and site accessibility.
• Ground conditions and excavation requirements.
• Underground services and available utility information.
• Equipment and personnel availability.
• Project timing and scheduling.
• Safety and environmental requirements.
• Disposal and handling requirements.
• Other circumstances relevant to the proposed work.

A binding agreement for services will arise only when the parties have agreed to the relevant terms and arrangements.

Any separate quotation, contract or Terms and Conditions of Trade accepted by the parties will govern the provision of services. If there is an inconsistency concerning the services, the agreed service contract terms will prevail, subject to applicable law.

Hydro excavation and non-destructive digging are specialised activities that require appropriate planning, risk assessment and site-specific safety procedures.

Information provided through this website is not a substitute for professional assessment, underground service identification, permits, engineering advice or applicable safety procedures.

Customers and project representatives should provide accurate and relevant information about site conditions, known underground services, site hazards and project requirements when requesting work.

New England Hydro Vac will assess relevant information and undertake work in accordance with applicable legal, contractual and safety obligations.

Nothing on this website constitutes a guarantee that hydro excavation will eliminate all risks associated with underground utilities, ground conditions or excavation activities.

You agree to use this website lawfully and responsibly.

You must not:

• Use the website for unlawful, fraudulent or misleading purposes.
• Submit false or deliberately inaccurate information.
• Attempt to gain unauthorised access to the website or associated systems.
• Introduce malicious software, viruses or harmful code.
• Interfere with the website's operation or security.
• Copy or reproduce website materials for commercial purposes without permission, except where permitted by law.
• Use automated systems to extract website information in a manner that disrupts the website or breaches applicable law.
• Impersonate another person or organisation.

We may take reasonable action to restrict access or address misuse of the website.

Unless otherwise stated, the content of this website, including text, graphics, photographs, logos, branding, design elements and other materials, is owned by or licensed to New England Hydro Vac.

These materials are protected by applicable intellectual property laws.

You may view, download or print website content for personal reference or legitimate business evaluation of our services.

You must not reproduce, modify, distribute, republish or commercially exploit website content without prior written permission, except as permitted by law.

All third-party trademarks and materials remain the property of their respective owners.

Our website may provide capability statements, brochures, technical information and other downloadable materials.

These materials are supplied for general business information and evaluation purposes.

Equipment specifications, service capabilities and operational information may change over time.

Unless expressly confirmed in a quotation or agreement, downloadable materials do not constitute a contractual representation or guarantee that particular equipment, resources or services will be available for a specific project.

Visitors should contact New England Hydro Vac to verify information relevant to their requirements.

Our website may include links to websites, resources or services operated by third parties.

These links are provided for convenience and information.

We do not necessarily endorse or control third-party websites and are not responsible for their content, availability or privacy practices.

Access to external websites is subject to the terms and policies of the relevant third-party operator.

We respect the privacy of website visitors and customers.

Personal information collected through our website, including enquiry forms, quotation requests and uploaded documents, is handled in accordance with our Privacy Policy and applicable Australian privacy laws.

Our Privacy Policy explains how personal information may be collected, used, disclosed, stored and protected.

You can view our Privacy Policy at:

www.newenglandhydrovac.com.au/privacy-policy

We aim to maintain a reliable and secure website.

However, we do not guarantee that the website will always be available, uninterrupted or free from technical errors.

Access may be temporarily interrupted for maintenance, updates, security measures or circumstances beyond our reasonable control.

We recommend that users maintain appropriate security protections on their own devices and systems.

To the extent permitted by law, New England Hydro Vac is not responsible for loss or damage arising solely from:

• Temporary website unavailability or technical interruptions.
• Unauthorised interference with website systems beyond our reasonable control.
• Reliance on general website information without confirming details relevant to a particular project.
• Third-party websites or services outside our control.
• Misuse of the website by a visitor.

This provision applies only to the extent that liability may lawfully be excluded or limited.

Nothing in these Terms of Use excludes, restricts or modifies any consumer guarantee, statutory right or legal remedy under the Australian Consumer Law or other applicable legislation that cannot lawfully be excluded, restricted or modified.

Nothing in these Terms of Use is intended to exclude or restrict any rights or remedies available under the Australian Consumer Law.

Where applicable, consumers are entitled to statutory guarantees relating to the supply of goods and services.

Any contractual provisions governing services provided by New England Hydro Vac will operate subject to those rights and guarantees.

We may update these Terms of Use to reflect changes to our website, business operations or legal requirements.

Updated terms will be published on this website with the date of the latest revision.

Any changes will apply prospectively from publication, subject to applicable law.

We encourage visitors to review these terms periodically.

These Terms of Use are governed by the laws of New South Wales, Australia.

Subject to applicable law, disputes concerning these Terms of Use will be subject to the jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.

If you have questions about these Terms of Use or require further information about our services, please contact: