ElevatorM8 — Terms and Conditions of Use
Elevator Mate Pty Ltd (ABN 27 633 778 382), trading as DeliveryM8
Incorporated: 29 May 2019 | Governing Law: New South Wales, Australia
Effective Date: [TO BE INSERTED]
1. Preliminary
These Terms and Conditions (ElevatorM8 Terms) govern access to and use of ElevatorM8, a mathematical algorithm tool that generates advisory outputs regarding whether furniture or items may fit within a lift, elevator, or vertical access shaft. These Terms are to be read together with the DeliveryM8 Suite Terms and Conditions. Where a conflict exists, these ElevatorM8 Terms prevail.
By accessing or using ElevatorM8, you agree to be bound by these Terms.
2. What ElevatorM8 Does — and Does Not Do
2.1 Functionality
ElevatorM8 is a mathematical algorithm-based calculation tool. When provided with item dimensions and lift or elevator specifications as input, ElevatorM8 generates an indicative output as to whether the stated item may, in mathematical theory, fit within the stated spatial parameters.
2.2 The Model is a Simplification of the Physical World
ElevatorM8 treats all objects as rigid, perfect rectangles and all spaces as perfect rectangular voids. Real elevators and real items are not that. The calculation does not and cannot account for:
- the accuracy or completeness of dimensions entered by the Operator
- door frames, threshold lips, entry ramps, or any feature that reduces usable clearance
- skirting boards, handrails, interior fittings, lighting, fire sensors, or wall and floor protection inside the elevator
- soft, flexible, or irregularly shaped items including cushions, legs, armrests, or protruding handles
- item packaging, wrapping, or carry equipment
- elevator floor deflection or door mechanism protrusion
- weight limits, structural tolerances, or load-bearing capacity of any lift
- the configuration, age, condition, or maintenance status of any lift
- floor alignment — ElevatorM8 assumes the elevator lands flush and level; users must verify this independently
- the skill, capacity, or safety conduct of persons performing the move
- applicable workplace health and safety requirements
- building access restrictions, body corporate rules, or strata regulations
- pathway accessibility — ElevatorM8 assumes unobstructed access to the elevator; users are responsible for verifying any tight corners or limitations en route
- single door assumption — calculations assume the same elevator door is used for both entry and exit
- occupancy — calculations do not consider additional passengers or objects in the elevator at the same time
- pre-populated elevator dimensions — the system may include dimensions entered by previous users which are not verified by ElevatorM8; users must validate these independently
- any real-world condition not captured in the input data
2.3 A Tolerance Margin is Applied — It May Not Be Sufficient
ElevatorM8 applies an internal margin to elevator and door dimensions to account for minor measurement variation. In tight-fit situations, this margin may be insufficient. If the calculated result is marginal, treat it as uncertain and seek an alternative solution or obtain an on-site assessment before proceeding.
CRITICAL NOTICE – DECISION-SUPPORT TOOL ONLY
ElevatorM8 is a decision-support tool only. A result stating that an item 'fits' or is 'compatible' does NOT constitute a guarantee, assurance, or certification that the item will physically fit, can be safely transported, or should be transported via that lift or elevator. The Operator is solely and exclusively responsible for all physical assessments, operational decisions, and all outcomes arising from any delivery or removal operation.
3. Your Responsibility for Measurements
The accuracy of ElevatorM8 outputs is entirely dependent on the accuracy of your input data. ElevatorM8 has no way to verify the dimensions you provide. You are solely responsible for:
- entering accurate, physically measured dimensions for all items and spatial parameters
- measuring to the correct points — confusion about which dimension is which will produce incorrect results
- verifying all input data before generating any output
- not relying on ElevatorM8 outputs where input data is based on estimates, without conducting appropriate physical verification
For high-value items, tight clearances, or any situation where an error could cause significant harm or loss, you must obtain a professional on-site assessment before proceeding.
4. Liability and Risk Allocation
4.1 Operator Responsibility
The Operator assumes full and sole responsibility for:
- verifying the accuracy of all input data
- conducting all necessary physical site inspections prior to any delivery
- making all operational decisions
- ensuring compliance with all applicable workplace health and safety legislation
- any loss, damage, injury, claim, or liability arising from any delivery or removal operation, whether or not informed by ElevatorM8 outputs
4.2 Exclusion of Elevator Mate Liability
To the fullest extent permitted by law, Elevator Mate Pty Ltd expressly excludes all liability for:
- any loss, damage, injury, or claim arising from reliance on any ElevatorM8 output
- damage to any item of furniture or goods
- damage to any lift, elevator, building, or property
- personal injury or death
- any third-party claim
- any inaccuracy attributable to incorrect or estimated input data
LIABILITY SITS WITH THE OPERATOR, NOT WITH ELEVATOR MATE PTY LTD.
4.3 High Risk Acknowledgement
ElevatorM8 outputs carry an inherent risk of inaccuracy due to the complexity of real-world physical environments. ElevatorM8 outputs must never be used as a substitute for a physical site inspection conducted by a qualified and competent person.
4.4 Insurance
Operators are strongly advised to maintain appropriate public liability insurance, goods in transit insurance, and any other relevant coverage. Elevator Mate Pty Ltd does not maintain insurance coverage for Operator operations.
5. Disclaimer of Warranties
ElevatorM8 is provided 'as is' and 'as available'. Elevator Mate Pty Ltd makes no representation or warranty that outputs are accurate, reliable, complete, or fit for any particular purpose. All implied warranties are disclaimed to the fullest extent permitted by law. Nothing in these terms excludes, restricts, or modifies any right or remedy that cannot lawfully be excluded under the Australian Consumer Law.
Where liability cannot be fully excluded under the Australian Consumer Law, liability is limited to resupply of the service or payment of the cost of having the service supplied again, at Elevator Mate Pty Ltd's election.
6. Permitted and Prohibited Use
ElevatorM8 may be used only as a preliminary decision-support tool for planning purposes. It must not be used as:
- a substitute for a physical site inspection
- a certification that an item will fit
- a basis for any representation to a third party that an item will fit
- a basis for waiving any insurance, safety, or risk management obligation
7. Governing Law and Dispute Resolution
These Terms are governed by the laws of New South Wales, Australia. Disputes are resolved in accordance with the dispute resolution provisions of the DeliveryM8 Suite Terms and Conditions.
8. Changes to These Terms
We may update these terms at any time by posting a revised version. Continued use of ElevatorM8 after changes are posted constitutes acceptance of the revised terms.
9. Contact
Elevator Mate Pty Ltd (trading as DeliveryM8) | Email: hello@elevatorm8.com