Website Terms and Conditions

Last updated: 28 July 2026

1. Introduction

This website is operated by Terminator Earthmoving (“Terminator Earthmoving”, “we”, “our” or “us”).

These Website Terms and Conditions (“Terms”) apply when you access, browse or use this website.

By using the website, you agree to these Terms and our Privacy Policy. If you do not agree, you should stop using the website.

2. Purpose of the Website

The website provides general information about Terminator Earthmoving and the earthmoving and site support services we may provide, including:

Drill pad preparation and exploration support
Access roads, hardstands and site infrastructure
Earthworks and excavation
Mine site support
Site rehabilitation
Equipment and operator hire
Mobilisation across regional and remote Western Australia

These Terms apply only to your use of the website.

They do not contain the commercial, operational or safety terms that apply to earthmoving services, equipment hire, mobilisation or project work provided by Terminator Earthmoving.

3. No Contract or Project Engagement

Submitting an enquiry form, sending us an email, calling us or discussing a potential project does not:

Create a contract with Terminator Earthmoving
Confirm that we have accepted the work
Reserve any equipment, operators or other personnel
Confirm equipment or personnel availability
Guarantee that we will provide a quote
Confirm a price, start date, mobilisation date or project schedule
Require us to commence work
Confirm that a particular machine is suitable for the proposed work

We may accept or decline an enquiry subject to applicable law.

A contract for services will only arise when Terminator Earthmoving and the client accept the relevant written project documents.

4. Quotes, Scopes and Project Agreements

Services provided by Terminator Earthmoving may be governed by documents such as:

A written quote
A scope of work
A service agreement
A purchase order accepted by Terminator Earthmoving
Equipment hire conditions
Project-specific terms
Agreed variations
Applicable client and site requirements

These documents may address matters including:

Pricing and payment
Equipment and operators
Mobilisation and demobilisation
Site access
Ground and site conditions
Project schedules
Safety responsibilities
Delays and downtime
Fuel and consumables
Maintenance and breakdowns
Variations to the agreed work

If there is an inconsistency between these Website Terms and an accepted project agreement, the project agreement will apply to the services to the extent of that inconsistency.

Information displayed on the website does not change an accepted quote, scope of work or project agreement.

5. General Information and No Site-Specific Advice

Website content is provided for general information only.

It does not constitute:

Engineering advice
Geotechnical advice
Surveying advice
Environmental advice
Mine planning advice
Site-specific earthmoving advice
Safety advice
A risk assessment
A construction design
Confirmation of quantities, levels or measurements
Confirmation that particular equipment is suitable for a project
Advice about permits, approvals or regulatory requirements

The equipment, operators and methods required for a project will depend on factors that may include:

The agreed scope of work
Site access and location
Ground and soil conditions
Existing services and infrastructure
Required levels and specifications
Client instructions
Environmental requirements
Weather and seasonal conditions
Applicable safety and site requirements

You should not rely solely on website content when making technical, operational, safety or commercial decisions.

Project-specific recommendations will be based on the information available to Terminator Earthmoving and the services included in the agreed scope.

6. Services, Equipment and Availability

We take reasonable steps to keep website information accurate and current. However, our services, equipment, fleet, specifications, personnel and availability may change.

Photographs and videos of machinery, vehicles and project sites are illustrative unless otherwise stated. They do not guarantee that the same machine, model or operator will be supplied for a particular project.

Equipment and personnel remain subject to:

Availability
Inspection and maintenance requirements
Site conditions
Project specifications
Mobilisation requirements
Operator licences, tickets and competencies
Safety considerations
Existing project commitments
Written confirmation by Terminator Earthmoving

References to a modern or well-maintained fleet do not mean machinery will never experience a fault, require maintenance or become temporarily unavailable.

Statements about productivity, reliability, efficiency, project timing or cost outcomes are general and are not guaranteed for every project.

7. Safety Information

Information on the website about safety, operator competencies and Terminator Earthmoving’s occupational health and safety management system is general information only.

It does not replace:

Site inductions
Project-specific risk assessments
Safe work method statements
Job hazard analyses
Client safety procedures
Manufacturer operating instructions
Applicable laws and regulations
Directions from authorised site personnel

Everyone attending or working at a project site must comply with the safety requirements applicable to that site and their role.

References to ISO 45001 certification apply only to the certified management system and scope current at the relevant time. Certification does not remove the need for project-specific safety planning, supervision or risk management.

8. Information Submitted Through the Website

When submitting an enquiry or other information through the website, you agree that:

The information is accurate to the best of your knowledge
You are authorised to make the enquiry
You are authorised to act for any company named in the enquiry
You have authority to provide any project or site information submitted
The information is not unlawful, misleading, defamatory or malicious
The information does not infringe another person’s rights
You will not knowingly submit malware, harmful code or fraudulent content

You remain responsible for confirming the accuracy and completeness of project information before Terminator Earthmoving relies on it.

You should not submit unnecessary sensitive information, passwords, access credentials or information you are not authorised to disclose through the enquiry form.

Personal information submitted through the website will be handled in accordance with our Privacy Policy.

9. Acceptable Use

You must not use the website to:

Break any applicable law
Interfere with the operation or security of the website
Attempt to gain unauthorised access to the website, server or connected systems
Introduce malware, viruses or harmful code
Submit fraudulent or misleading enquiries
Impersonate another person or organisation
Collect personal information about another person without authority
Infringe intellectual property, privacy or other legal rights
Scrape, crawl or systematically extract website content without written permission
Place an unreasonable load on the website or its infrastructure
Test or probe website security without written authorisation

We may restrict or block access where we reasonably believe these Terms have been breached or the website is being misused.

10. Intellectual Property

Unless otherwise stated, the website and its contents are owned by or licensed to Terminator Earthmoving.

Protected material may include:

Text
Photographs
Videos
Graphics
Logos
Trade marks
Machinery and project images
Capability information
Documents
Page layouts
Website design

You may view the website and print or download reasonable extracts for your internal, personal or non-commercial assessment of Terminator Earthmoving’s services.

Without our prior written permission, you must not:

Republish website content
Reproduce content for commercial use
Copy photographs, graphics or videos
Modify or create derivative works from the content
Use our name, branding or logos
Present our content as your own
Remove copyright or attribution notices
Use content in a way that implies our endorsement
Copy content for use by a competing business

No ownership or intellectual property rights are transferred to you through your use of the website.

11. Third-Party Websites

The website may contain links to websites operated by clients, suppliers, community organisations or other third parties.

Links are provided for convenience or general information. Unless expressly stated, a link does not mean that Terminator Earthmoving:

Controls the external website
Endorses all information published on it
Guarantees its accuracy
Accepts responsibility for its services, products or practices

External websites are governed by their own terms and privacy policies.

Terminator Earthmoving is not responsible for loss arising from your access to or use of a third-party website.

12. Website Availability and Security

We may update, maintain, modify, suspend or discontinue any part of the website without notice.

We do not guarantee that the website will:

Be continuously available
Operate without interruption
Be free from errors
Be compatible with every browser or device
Be free from viruses or other harmful components

You are responsible for maintaining appropriate security software, backups and device protections when accessing the website.

Terminator Earthmoving is not responsible for interruptions caused by maintenance, hosting providers, internet failures, cyber incidents or other circumstances outside our reasonable control.

13. Disclaimer and Limitation of Liability

To the maximum extent permitted by law, Terminator Earthmoving does not accept liability for loss or damage arising from:

Use of or inability to access the website
Reliance on general website information
Website errors or omissions
Unauthorised access or cyber incidents outside our reasonable control
Use of a third-party website
Decisions made without obtaining project-specific information or advice
Incompatibility between the website and your systems or devices

This limitation applies to use of the website only.

It does not determine Terminator Earthmoving’s liability for earthmoving, equipment hire or project services supplied under an accepted project agreement.

Nothing in these Terms excludes, restricts or modifies any right, remedy, consumer guarantee or liability that cannot lawfully be excluded under the Australian Consumer Law or another applicable law.

Where our liability may lawfully be limited, it will be limited to the maximum extent permitted by law.

14. Changes to These Terms

We may update these Terms when the website, our services or applicable requirements change.

Updated Terms will apply from the time they are published on the website. The latest revision date will appear at the top of this page.

15. General Provisions

Privacy

Our Privacy Policy explains how we collect, use, store and disclose personal information, including information submitted through the website.

Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down or removed to the minimum extent necessary. The remaining provisions will continue to apply.

No Waiver

If Terminator Earthmoving does not immediately enforce a right under these Terms, that does not mean the right has been waived.

Entire Agreement for Website Use

These Terms and the Privacy Policy form the entire agreement between you and Terminator Earthmoving concerning your use of the website.

They do not replace or amend an accepted quote, service agreement, purchase order, scope of work, equipment hire agreement or other project agreement.

Governing Law

These Terms are governed by the laws of Western Australia and the applicable laws of Australia.

You submit to the non-exclusive jurisdiction of the courts of Western Australia and courts entitled to hear appeals from them.

16. Contact Us

Questions about these Website Terms and Conditions can be directed to:

Terminator Earthmoving
29 Clancy Street
Boulder WA 6432

Phone: 08 9093 3916
Email: [email protected]