Terms & Conditions
Valen Forge Building & Strata Services
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy and Website Disclaimer, govern Valen Forge Building & Strata Services' relationship with you in relation to your use of this website and our services.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, "Us", "Our" and "We" refers to Valen Forge Building & Strata Services and "You" and "Your" refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Valen Forge's rights and obligations to each other.
SERVICES
Valen Forge provides building operations, resident coordination, scoped cleaning, and independent caretaker assurance services to Body Corporates and Committees. Specific deliverables, service capacity, and fees for each engagement will be set out in a separate written proposal or formal service agreement between you and Valen Forge. In the event of any inconsistency between these Terms and a signed service agreement, the service agreement will prevail to the extent of the inconsistency.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that Valen Forge is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer, or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
To the fullest extent permitted by law, Valen Forge's total aggregate liability arising out of or in connection with any service engagement, whether in contract, tort (including negligence), statute, or otherwise, is limited to the total fees paid by you to Valen Forge for the specific service giving rise to the claim.
Valen Forge is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunity, or damage to goodwill, even if we have been advised of the possibility of such damages.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Valen Forge's liability for any breach of a term of this agreement is limited to: the supplying of the services to you again; or the payment of the cost of having the services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
SERVICE DELIVERY
As our services are primarily operational and relationship-based, the following general provisions apply:
1) Client Dependencies: Timely delivery depends on your provision of required access, records, approvals, and a nominated authorised Client representative and caretaker liaison. Delays caused by client dependencies may result in adjusted timelines.
2) Scope of Works: Cleaning and project works commence only after approval of areas, tasks, frequency, labour, and price. Separately approved specialist and project work will be quoted and authorised through approved work orders.
3) Caretaker Assurance: Our assurance services verify existing obligations through proportionate sampling and records review. Existing caretaker work remains with the caretaker. Valen Forge's assurance services do not transfer the caretaker's contracted duties to Valen Forge.
INDEPENDENCE AND CONFLICTS OF INTEREST
Valen Forge is committed to the integrity of its findings. We disclose ownership, Committee roles, and contractor interests. Unconflicted Client representatives approve engagements and invoices. We use competent personnel, required licences, and agreed insurance, and refer regulated or specialist work to qualified providers.
OUR WEBSITE & PRE-EXISTING MATERIALS
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks, graphics, code, and underlying frameworks. You are not permitted to reproduce the documents, information, or materials on the website for the purposes of sale or use by any third party.
Any redistribution or reproduction of part or all of the contents of this website in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
CLIENT MATERIALS & BUILDING RECORDS
The Body Corporate retains an editable operational record of the building. You retain all rights, title, and interest in any content, documents, procedures, data, or other materials you provide to us for the purpose of delivering our services ("Client Materials"). You grant us a limited, non-exclusive licence to use, reproduce, modify, and adapt the Client Materials solely for the purpose of delivering the agreed services.
PRODUCED DELIVERABLES
Unless otherwise agreed in writing, upon full payment of all fees, you are granted a perpetual, non-exclusive, worldwide licence to use, reproduce, and deploy the final operational registers, assurance reports, and building management documentation produced by Valen Forge for your internal business purposes. Valen Forge retains ownership of all underlying tools, templates, and methodologies used in the production of deliverables.
DATA AND CONTINUITY
The Client owns its operational records. Valen Forge will restrict access and protect credentials. We will keep records for seven years contractually, or longer where required. We will report data loss or unauthorised access promptly. At exit, we will export records and transfer keys and administration within a reasonable timeframe.
PAYMENT TERMS
Unless otherwise specified in a service agreement, invoices are rendered in arrears and are due within standard commercial terms. We may require a deposit before commencing work on a project. Fees change only by written agreement. We reserve the right to suspend or terminate services where payment is overdue.
CONFIDENTIALITY
Each party agrees to keep confidential all non-public information received from the other party in connection with the services, and to use such information only for the purposes of performing obligations under these Terms or any service agreement. This obligation does not apply to information that is or becomes public through no fault of the receiving party, is independently developed, or is required to be disclosed by law.
TERMINATION
Either party may terminate a service engagement in accordance with the terms of the relevant service agreement. In the absence of a specified termination clause, either party may terminate for convenience with thirty (30) days' written notice. Either party may terminate immediately for material breach that remains unremedied after fourteen (14) days' written notice. Upon termination, you are liable for payment for all work performed and deliverables provided up to the date of termination.
LINKS TO OTHER WEBSITES
Valen Forge may from time to time provide on its website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, approval, or arrangement between Valen Forge and the owners of those websites. Valen Forge takes no responsibility for any of the content found on the linked websites.
DISCLAIMER
To the fullest extent permitted by law, Valen Forge absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Valen Forge gives no warranty that the documents, goods, or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and Valen Forge concerning your use and access to Valen Forge's website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory, then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause, if legal and enforceable in any other State or Territory, shall continue to be fully enforceable and part of this agreement in those other States and Territories.
JURISDICTION
This agreement and this website are subject to the laws of Queensland, Australia. If there is a dispute between you and Valen Forge that results in litigation, then you must submit to the jurisdiction of the courts of Queensland.