Terms & Conditions

1. Interpretation

In these Terms & Conditions, "Birpali," "we," "us," or "our" refers to Birpali Pty Ltd (ABN 90 697 736 271, ACN 697 736 271). "You" or "your" refers to the user, client, or visitor accessing our website or engaging our services.

2. Application

These Terms & Conditions govern your use of the website at birpalipty.site and any contracts for services entered into with Birpali Pty Ltd. By using our website or engaging our services, you agree to be bound by these terms.

3. Services

Birpali Pty Ltd provides mining support, civil earthworks, site maintenance, heavy haulage, project management, and environmental rehabilitation services. All services are provided subject to a separate written agreement agreed by both parties. The scope, pricing, and timeline for each engagement will be documented in a formal service agreement or purchase order.

4. Consumer Guarantees and Australian Consumer Law

Nothing in these Terms & Conditions excludes, restricts, or modifies the application of the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other consumer protection law that cannot be excluded by agreement. Where goods or services are supplied to a consumer as defined under the Australian Consumer Law, your rights under that legislation apply in full.

5. Limitation of Liability

To the maximum extent permitted by law:

• Birpali Pty Ltd excludes all implied terms, conditions, and warranties that are not expressly set out in these terms;
• Our liability for any loss or damage arising from or in connection with these terms, whether in contract, tort (including negligence), statute, or otherwise, is limited to the amount paid by you for the relevant services; and
• We are not liable for any indirect, consequential, or incidental loss or damage, including loss of profits, revenue, data, or business opportunity.

This limitation does not apply to liability that cannot lawfully be excluded under the Australian Consumer Law.

6. Intellectual Property

All content, materials, documents, and information published on our website (including text, graphics, logos, and service descriptions) are the property of Birpali Pty Ltd unless otherwise stated. You may not reproduce, distribute, or create derivative works from our content without prior written permission.

7. Website Use

You agree not to use our website for any unlawful purpose or in any way that could damage, disable, overburden, or impair the site. We reserve the right to restrict or terminate access to the website at our discretion without notice.

8. Third-Party Links

Our website may contain links to third-party websites. Birpali Pty Ltd is not responsible for the content, accuracy, or practices of those websites. Access to third-party links is at your own risk.

9. Termination

Either party may terminate a service agreement in accordance with the termination provisions set out in that agreement. In the event of termination, each party must return or destroy any confidential information belonging to the other party and settle all outstanding amounts.

10. Governing Law

These Terms & Conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Western Australia, Australia. The parties submit to the exclusive jurisdiction of the courts of Western Australia.

11. Changes to Terms

We reserve the right to revise these Terms & Conditions at any time. Updated terms will be posted on this page and take effect immediately upon posting. Your continued use of our website following any changes constitutes acceptance of the revised terms.

12. Contact

If you have any questions about these Terms & Conditions, please contact us at ceo@birpalipty.site.