Payment

Fully Utilised collects all Equipment (defined as equipment you are renting under this agreement) rental payments through a secure portal provided by our payment partner PayPal. You’ll never have to make a payment directly to a Supplier (defined as Fully Utilised’s supplier partner providing the Equipment).

Rental Cancellations and Date Changes

If for any reason you need to cancel a rental or change the dates of a rental, you can do this up to 24 hours before the start of the rental without any charges. If you need to do so within less than 24 hours of the start of the rental, you will be charged the equivalent of 50% of the Supplier’s 1-day rental rate for the first date of the rental. You may also be responsible for the delivery fee since the Supplier may have already made arrangements for delivery.

Returning Equipment Clean

Please make sure to return all equipment as clean as it was when you received it, or you may be subject to a cleaning fee.

Fuel Policy

Please return all Equipment that uses fuel with a full tank.

Rental Periods

For most Equipment, a rental period is defined as:

• Daily rental 24 hour period
• Weekly rental 7 days
• Monthly rental 28 days

Equipment Operations Proficiency Acknowledgment

Renter acknowledges that they and any of their employees that may operate the Equipment have full proficiency in operating the Equipment. Proof to the contrary will put the Renter in violation of this Agreement.

Indemnity & Release

Renter (defined as you) assumes all risks inherent in the operation and use of the rental equipment by Renter and any Renter employees and the entire responsibility for the defence of and agrees to pay, indemnify, and hold Fully Utilised its shareholders, directors, officers and successors (collectively defined as “Fully Utilised” harmless from, and hereby fully discharges and releases Fully Utilised from any and all claims for damages to property or for bodily injury (including death), or loss of time or inconvenience, or consequential damages (including but not limited to lost revenue or profits) resulting from the use, operation or possession of the rented Equipment, whether or not it be claimed or found that such damage or injury resulted in whole or in part from the negligence of Fully Utilised or the Supplier from the defective condition of the Equipment, or from any other cause.

Inspection

Renter acknowledges that he/she will personally inspect the equipment to ensure it is suitable for their needs and in good condition, and that he/she understands its proper use. Renter further acknowledges their duty to inspect the equipment prior to use and notify Fully Utilised and/or supplier of any defects.

Possession/Title

Renter’s right to possession of the Equipment begins upon Equipment leaving the Supplier’s premises (for pickups) or is delivered by Supplier to Renter, and terminates on the off-rent date and time, date as selected by Renter in Fully Utilised’s check-out process and time as told by Renter to Fully Utilised or Supplier. Retention of possession after this date constitutes a material breach of this Agreement. However, Fully Utilised and its supplier may agree to extend the rental period by extending the off-rent date at the Renter’s request. Renter must contact Fully Utilised to make this request and Fully Utilised must approve the request for the extension to be valid.

Title to the equipment is and shall remain with the Supplier. If the equipment is not returned and/or levied upon for any reason whatsoever, the Supplier may retake the equipment without further notice or legal process and use whatever force is reasonably necessary to do so. Renter hereby agrees to indemnify, defend and hold Fully Utilised harmless from any and all claims and costs arising from such retaking and/or levy. If equipment is levied upon, Renter shall notify Fully Utilised and the Supplier immediately. The Supplier will utilise its reasonable efforts to deliver and retrieve rental items from locations determined solely by Renter. Accordingly, Renter assumes sole risk and liability for any personal or property damage occurring at such locations.

Replacement of Malfunctioning Equipment

If the Equipment becomes unsafe or in disrepair as a result of normal use, Renter agrees to discontinue use and notify Fully Utilised and or the Supplier and the Supplier will replace the Equipment with similar equipment in good working order, if available. Fully Utilised and Supplier are not responsible for any incidental or consequential damages caused by delays or otherwise.

Damage

Renter agrees to immediately notify Fully Utilised of any accident and promptly submit any applicable police reports. Renter acknowledges they have General Liability insurance and Fully Utilised’s General Liability Policy is secondary, and Renter agrees to exercise all rights available to Renter under their insurance policy’s coverage.

Renter agrees to immediately notify Fully Utilised of any accident and promptly submit any applicable police reports. If Renter has insurance, Fully Utilised’s General Liability Policy becomes secondary, and Renter agrees to exercise all rights available to Renter under their insurance policy’s coverage.

Renter will not be covered by Fully Utilised’ General Liability Policy in the following circumstances:

• Reckless, careless or abusive operation or use of the Equipment.
• Use or operation of the Equipment exceeding its rated capacity.
• Damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the Equipment.
• Damage resulting from failure to perform or pay for all normal periodic and other basic service maintenance, adjustments and lubrication of the Equipment.
• Loss or damage caused by dishonesty of Renter’s employees, or wrongful conversion by any person whom Renter allows to possess the Equipment.
• Operation or use of the Equipment in a manner inconsistent with the instructions of the Equipment manufacturer.
• Damage resulting from vandalism, malicious mischief, or intentional abuse by the Renter.
• Damage to any and all accessories, such as air hoses, electric cords, blades, welding cable, liquid fuel tanks and other similar items and accessories.
• Damage resulting from overturning or striking overhead objects.
• Damage resulting from use of the Equipment in violation of any terms of this Agreement.

Rental Equipment Protection

Fully Utilised offers an optional Rental Equipment Protection (REP) plan. Rental Equipment Protection is not insurance; it is merely a waiver of certain claims of the Renter for loss of or damage to the Renter’s equipment.

The cost of Rental Equipment Protection is 10% of the equipment rental cost. In addition, there is a deductible for each piece of equipment based on the value of the equipment. For equipment with a value less than $25,000, the deductible is $1,000. For equipment with a value of $25,000 or more, the deductible is $2,500.

If you have purchased our Rental Equipment Protection, you will have no liability to Supplier for physical damage to the applicable Rented Item(s), except that you will remain liable to the Supplier in all events for:

• damage or loss caused in whole or in part by:
  1. your breach of any provision of this Contract
  2. failure to return Equipment
  3. wear/tear to Equipment
  4. malicious mischief or illegal acts
  5. use of any Equipment in violation of any policy of insurance
  6. a deductible of $1,000 for equipment valued up to $25,000 ($2,500 for equipment valued at $25,000 or more)
• damage to tires.

Prohibited Uses

Use of the equipment in the following circumstances is prohibited, and constitutes a breach of this agreement.

• Use for illegal purpose or in illegal manner.
• Use when the equipment is in bad repair or is unsafe.
• Improper, unintended use or misuse.
• Use by anyone other than Renter or their employees, without Fully Utilised’s or Supplier’s written permission.
• Use at any location other than the address furnished to Fully Utilised without Fully Utilised’s written permission.

Disclaimer of Warranties

Fully Utilised and its Supplier make no warranty of merchantability or fitness for any particular use or purpose, either explicit or implied. There is no warranty or representation that the equipment is fit for Renter’s particular intended use, or that it is free of latent defects. Fully Utilised shall not be responsible to Renter for any loss, damage or injury resulting from, or in any way attributable to the operation of, use of, or any failure of the equipment. Fully Utilised shall not be responsible for any defect or failure unknown to the Fully Utilised or its Supplier. Renter’s sole remedy for any failure of or defect in the equipment shall be termination of the rental charges at the time of failure provided that Renter notifies Fully Utilised immediately of such failure and returns the Equipment to Supplier within twenty-four (24) hours of such failure or orders a pickup from the Supplier via Fully Utilised

Non-Payment and Collection Costs

In case of PayPal account on file for Equipment rental being rejected or fraudulent, Fully Utilised reserves all right necessary to collect payment from Renter. Renter agrees to pay all reasonable collection, legal and court fees and other expenses involved in the collection of the charges or enforcement of Fully Utilised’s rights under this agreement.

Default

Should Renter in any way fail to observe or comply with any provision of this agreement, Fully Utilised may, at its sole discretion, terminate this agreement, have Supplier retake the equipment, declare any charges due and payable and initiate legal process to recover monies owed, and/or pursue any other legal rights and remedies available to Fully Utilised Exercise of any remedy available to Fully Utilised shall not constitute an election of remedies or a waiver of any additional remedies to which Fully Utilised may be entitled.

Transference

By agreeing to this Rental Agreement, the Renter acknowledges that this agreement applies to all subsequent rentals.

Fully Utilised Terms Of Service

Welcome to Fully Utilised Pty Ltd, (“Fully Utilised,” “we,” or “us”). The Fully Utilised service available through our website located at www.fullyutilised.com (the “Website”), is an online platform that allows users to list, offer for rent, and rent the equipment of other users (the “Service”). By using the Service, you agree to and are subject to the following terms and the conditions for the Service (the “Terms”). If you do not fully agree to these Terms you are not authorised to access or otherwise use our Service.

PLEASE READ THESE TERMS OF USE CAREFULLY. YOU ARE NOT AUTHORISED TO USE THIS SERVICE UNLESS YOU ARE AT LEAST 18 AND ABLE TO ENTER INTO LEGALLY BINDING CONTRACTS. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS.

1. SERVICE AS A VENUE ONLY

We urge all users to be responsible about their use of this Service and any transaction entered into as a result of either listing their property or renting property (a “Rental Transaction”). The Service acts as a venue to allow the suppliers of equipment who advertise on the Service (each a “Supplier”) to offer for rent in a variety of pricing formats, their equipment rental property to potential renters (each, a “Renter”) and, collectively with a Supplier, the “Users”). Renters can search or browse the Service for specific listings. Unless otherwise stated, we do not own or manage, nor can we contract for, any piece of property listed on the Service. Our Service may allow users to communicate with each other and enter into rental agreements or other transactions.

2. ADDITIONAL TERMS

Before you use the Service, you must read and accept all of the terms in, and linked to, these Terms. By accepting these Terms, you agree that these Terms will apply whenever you use the Service, or other Fully Utilised services or applications, or when you use the tools that are made available to interact with the Service and services. Some Fully Utilised services, applications and tools may have additional or other terms, agreements or policies that govern their ability and use. Your use of and access to such services, applications and tools are subject to any and all terms, agreements or policies applicable to them.

3. LISTING CONDITIONS

By listing an item on the Service, you agree to pay Fully Utilised’s fees in accordance with Section 6 below, to assume for responsibility for the content of the listing and the item offered, and to accept the following listing conditions: When you list an item on the Service, your listing will be posted on the Service and can be viewed by other Users. Your listing may not be immediately searchable by keyword or category for several hours, so Fully Utilised cannot guarantee exact listing conditions. Fully Utilised reserves the right to end your listing for any reason. Where and whether your listing appears in search and browse results may be based on certain factors, including, but not limited to, listing format, title, end time, keywords, price, feedback and detailed seller ratings.

4. RENTAL CONDITIONS

You are responsible for reading the full item listing, including any instructions the Supplier provides, before making any other commitment to rent the listed item. If you make a commitment to rent an item, you enter into a legally binding contract with Fully Utilised and the Supplier and are obligated to rent the item on terms detailed here.

5. FEES AND SERVICES

Renters are not charged a fee to use the Service. They do however have to pay Fully Utilised the full rental fee through PayPal. The Renter is not responsible to make any payments to the Supplier. All information that you provide to us, or our third party payment processor PayPal, must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYPAL ACCOUNT USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you with PalPal at the prices in effect when such charges are incurred. Verification of information applicable to a purchase may be required prior to our acceptance of any order. YOU ALSO REPRESENT AND WARRANT THAT THE PALPAL ACCOUNT USED FOR THE RENTAL WILL BE VALID AND HAVE SUFFICIENT FUNDS TO COVER THE RENTAL AT THE END OF THE RENTAL TERM.

6. OWNERSHIP

Unless otherwise noted, except for all User Content, all text, content and documents on the Service, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in and used to operate the Service, and the organisation, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Service (the “Content”) are owned by Fully Utilised (or its affiliates) or used with permission or under license from a third party (each an “Content Owner”), and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Fully Utilised and you, all right, title and interest in and to the Content will at all times remain with Fully Utilised and/or the Content Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Service, are registered and/or common law trade names, trademarks or service marks of Fully Utilised or the applicable Content Owner.

7. USE AND RESTRICTIONS

You are permitted to use the Service, and/or the Content on the Service for lawful purposes as provided in these Terms only. Fully Utilised grants you a non-exclusive, limited, personal, non-transferable, revocable license to access and use the Service and Content, without right to sublicense, under the following conditions: while using Fully Utilised’s Service, services, applications, Content, and tools, you shall not, without Fully Utilised’s express written consent:

• copy, retransmit, modify, disseminate, sell, exploit, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute any part of the Content, in each case for any purpose other than for which the Service is being provided to you;
• use the Service to conduct or promote any illegal activities;
• post content or items in inappropriate categories or areas on out sites and services;
• use our site, services, applications or tools if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, applications, or tools;
• fail to deliver payment for items rented by you, unless the Supplier materially changed the item’s description after you reserved the item, a clear typographical error is made, or you cannot reach the Supplier;
• fail to deliver items rented from you, unless the Renter fails to meet the posted terms, or you cannot reach the Renter;
• manipulate the price of any item or interfere with other users’ listings;
• attempt to reverse engineer or jeopardize the correct functioning of the Service, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Service;
• attempt to gain access to secured portions of the Service to which you do not possess access rights;
• upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
• use the Service to generate unsolicited email advertisements or spam;
• use the Service to stalk, harass or harm another individual;
• use any high volume automatic, electronic or manual process to access, search or harvest information from the Service (including without limitation robots, spiders or scripts);
• interfere in any way with the proper functioning of the Service or interfere with or disrupt any servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on the Service or the Content contained on any such web page for commercial use without our prior express written permission;
• impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
• mirror or frame the Service or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages;
• use any tradename, trademark, or brand name of ours in metatags, keywords and/or hidden text;
• create derivative works from the Content or commercially exploit any part of the Content in any way;
• use any portion of the Service or the Content in any manner that may give a false or misleading impression, attribution or statement as to us, the Content Owner or any other third party or alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content.

Fully Utilised reserves all other rights. Except as expressly provided herein, nothing on the Service shall be construed as conferring any license under Fully Utilised’s and/or its Content Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Fully Utilised may revoke any of the foregoing rights and/or your access to the Service, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

8. USER INFO

You agree that, with respect to other users’ information that you may obtain directly or indirectly through the Service, you will not use such information for any purpose other than to inquire about or otherwise facilitate a rental transaction between you and the other user. Any other purpose will require express permission of the user. You may not use any such information for any unlawful purpose or with any unlawful intent. You shall not add any User’s contact information to your mailing list without the User’s expression consent.

9. NO ARCHIVE

Notwithstanding anything contained herein, the functionality provided to you by the Service and Fully Utilised’s systems, networks and servers are not an archive and Fully Utilised shall have no liability to you or any other person for loss, damage, or destruction to your User Content or any other information submitted to or via the Service. You shall be solely responsible for (i) uploading your User Content, (ii) preventing any loss or damage to your User Content, and (iii) maintaining independent archival and backup copies of any User

10. FEEDBACK

If you choose to submit any ideas or information, except with respect to information governed by our Privacy Policy, you agree that all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed by you shall be deemed to be non- confidential and non-proprietary and shall become the exclusive property of Fully Utilised Further, you understand and agree that Fully Utilised assumes no obligation of confidentiality or nondisclosure, express or implied by considering your suggestion. Fully Utilised employs both internal and external resources that may have developed or may in the future develop ideas identical or similar to your suggestions. Without limitation, Fully Utilised shall exclusively own, and you hereby irrevocably transfer and assign to Fully Utilised all now known or hereafter existing rights in and to the suggestion, and Fully Utilised shall be entitled to unrestricted use of the suggestion for any purpose whatsoever, commercial or otherwise without any form of compensation. Fully Utilised is only willing to consider your suggestions on these terms.

11. AUSTRALIA ONLY

By using the Service, you agree and acknowledge that it is hosted in the Australia. If you are attempting to access the Service from a physical location within the European Union, United States, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from Australia laws, please be advised that through your continued use of this Service, which is governed by Australian law, these Terms you are transferring your personal information to the Australia and you consent to (a) such transfer, (b) the application of the laws of the Australia and/or the State of Victoria with respect to any dispute arising from or related to your use of the Service, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than Australia or the State of Victoria, and (c) the exclusive jurisdiction of the courts of the Australia and the State of Victoria. Any claim or dispute between you and Fully Utilised that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in the State of Victoria, Australia. Each party hereby agrees that such court shall have jurisdiction and venue with respect to such party, and each party hereby submits to the jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

12. DISCLAIMERS

WITHOUT LIMITING THE FOREGOING, THE CONTENT AND ALL OTHER FEATURES ON THE SERVICE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE AND/OR CONTENT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON- INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN FULLY UTILISED HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FULLY UTILISED ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, FULLY UTILISED DOES NOT MAKE ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT THE SERVICE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. FULLY UTILISED RESERVES THE RIGHT TO CHANGE ANY PART OF THE SERVICE AT ANYTIME WITHOUT NOTICE.

13. LIMITATION OF LIABILITY

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER FULLY UTILISED, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE SERVICE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF FULLY UTILISED WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST FULLY UTILISED AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF FULLY UTILISED AND ITS AFFILIATES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.) THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

14. RELEASE

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IN ENTERING INTO THIS RELEASE YOU

EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

15. INDEMNITY

You hereby agree to defend, indemnify and hold harmless Fully Utilised, its owners, parents, subsidiaries, and/or affiliates, and its and their respective officers, directors, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (a) the copying and storage of any User Content on Fully Utilised’s systems, networks, and/or servers, (b) any publication, distribution, performance, or display of such User Content, or any derivative work thereof, (c) any other claim, damage, obligation, loss or liability related to or arising from your use of and access to the Service, (d) your violation of any term of these Terms, (e) your violation of any third party right, including without limitation any copyright, property, or privacy right, (f) any claim that one of your User Content caused damage to a third party, including but not limited to any claim of defamation, right of publicity, unfair competition, or allegation of obscenity related to your User Content; or (g) any personal injury (including death) or property damage arising from or related to any Rental Transaction you enter into, including any claim, damage or loss arising from your use of any equipment, machinery, tools, or other property thereunder. This defence and indemnification obligation will survive these Terms and your use of the Service.

16. ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fully Utilised without restriction.

17. CHANGES TO THESE TERMS

From time to time, Fully Utilised may revise these Terms. To help you stay current of any changes, Fully Utilised notes the date these Terms were last updated below. Your use of the Service following the posting of any revised Terms shall be deemed acceptance of the revised Terms. Fully Utilised strongly recommends checking these Terms periodically. If, and only if, Fully Utilised makes revisions to these Terms that result in a material lessening of the restrictions on Fully Utilised’s use or disclosure of your Personal Information (as defined in our Privacy Policy), Fully Utilised will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information. If you disagree with the provisions of these Terms at any time, your sole remedy is to terminate your use of the Service and inform us of such termination as described in these Terms. Continued use of the Service constitutes your agreement to these Terms as in effect.

18. NOTICES AND AGREEMENT TO BE BOUND BY ELECTRONIC SIGNATURE

Your affirmative act of using the Service constitutes your electronic signature to these Terms and your consent to enter into agreements with Fully Utilised electronically. You also agree that Fully Utilised may send any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Service (collectively, "Notices") in electronic form to: (1) the e-mail address that you provide on your Fully Utilised account, or (2) by posting the Notice on the Service. The delivery of any Notice is effective when sent by Fully Utilised, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by cancelling your Account. You must give notice to us in writing via email to info@fullyutilised.com or as otherwise expressly provided.

19. TERMINATION

Fully Utilised may cancel, suspend or block your use of the Service without notice if there has been a violation of these Terms. Your right to use the Service will end in such case, and any data you have stored on the Service, including any User Content or any information related to Activities in which you have participated may be unavailable later, unless Fully Utilised is required to retain it by law.

YOU AGREE THAT FULLY UTILISED WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE. Any limitations on liability that favour Fully Utilised will survive the expiration or termination of these Terms for any reason.

20. MISCELLANEOUS

Fully Utilised’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.