DeliveryM8 Suite — Terms and Conditions
Elevator Mate Pty Ltd (ABN 27 633 778 382), trading as DeliveryM8
Incorporated: 29 May 2019 | Governing Law: New South Wales, Australia
Individual tool terms
1. Preliminary
1.1 Parties
These Terms and Conditions (Suite Terms) govern access to and use of the DeliveryM8 suite of technology tools (Suite) operated by Elevator Mate Pty Ltd ABN 27 633 778 382, trading as DeliveryM8 (Elevator Mate, we, us, our).
Elevator Mate Pty Ltd was incorporated on 29 May 2019. All intellectual property in the Suite is owned by Elevator Mate Pty Ltd. The Suite currently comprises: ElevatorM8 – a mathematical algorithm tool advising whether furniture or items will fit in a lift or elevator; CalculatorM8 – a point-of-sale delivery pricing tool for furniture showrooms; and LoadingDockM8 – an online loading dock and access intelligence directory (currently in pilot program phase).
Each tool is subject to its own individual terms and conditions in addition to these Suite Terms. Where a conflict exists, the individual tool terms prevail.
1.2 Acceptance
By accessing or using any tool within the Suite, you agree to be bound by these Suite Terms and any applicable individual tool terms. If you do not agree, you must not access the Suite.
2. Suite Description and Scope
IMPORTANT
No tool within the DeliveryM8 Suite constitutes a guarantee, warranty, or assurance of any outcome. All tools are decision-support instruments only. Operators retain full responsibility for all operational decisions made using or informed by Suite tools.
3. Intellectual Property
3.1 Ownership
All intellectual property rights in the Suite are owned by Elevator Mate Pty Ltd, including all software, source code, algorithms, trade marks, logos, and brand names including DeliveryM8, ElevatorM8, CalculatorM8, and LoadingDockM8. All rights not expressly granted are reserved.
3.2 Licence Grant
Subject to compliance with these Terms, Elevator Mate Pty Ltd grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Suite for your internal business purposes only. This licence does not permit you to copy, modify, reverse engineer, sublicense, or sell access to any part of the Suite.
3.3 User Data
You retain ownership of data you submit to the Suite. You grant Elevator Mate Pty Ltd a non-exclusive, royalty-free licence to use, store, and process your data for the purposes of delivering and improving the Suite.
3.4 Logo and Brand Usage Consent
Where you register for any tool within the Suite, you grant Elevator Mate Pty Ltd a non-exclusive, royalty-free licence to display your business name and logo within the DeliveryM8 platform and associated marketing materials, including user-facing carousels and partner showcases. You may withdraw this consent at any time by contacting hello@deliverym8.com.
4. Data Handling and Privacy
Elevator Mate Pty Ltd collects, holds, uses, and discloses personal information in accordance with its Privacy Policy and applicable law, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles. For EU, UK, and California users, additional rights and obligations apply as set out in the Privacy Policy.
5. Acceptable Use
The Suite may only be used for lawful business purposes. You must not use the Suite to:
- violate any law
- upload malicious code
- interfere with the Suite's integrity
- obtain unauthorised access
- make false representations to third parties based on Suite outputs
- harm the reputation of Elevator Mate Pty Ltd or the DeliveryM8 brand
6. Payment Terms
Access to the Suite during current beta and pilot phases may be provided at no charge to authorised participants. Elevator Mate Pty Ltd reserves the right to introduce paid access tiers on reasonable notice.
7. Limitation of Liability
7.1 General Disclaimer
To the fullest extent permitted by law, Elevator Mate Pty Ltd excludes all conditions, warranties, and representations, whether express or implied, regarding the Suite.
7.2 Liability Cap
To the fullest extent permitted by law, Elevator Mate Pty Ltd's total aggregate liability shall not exceed the total fees paid by you in the twelve months preceding the relevant event, or AUD $500, whichever is greater.
7.3 Consequential Loss
To the fullest extent permitted by law, Elevator Mate Pty Ltd excludes all liability for indirect, incidental, special, or consequential loss, including loss of revenue, profit, data, goodwill, or business interruption.
7.4 Australian Consumer Law
Nothing in these Terms excludes any right or remedy under the Australian Consumer Law. To the extent that legislation permits limitation of liability, Elevator Mate Pty Ltd's liability is limited, at its election, to re-supplying the services or paying the cost of re-supply.
8. Indemnity
You agree to indemnify and hold harmless Elevator Mate Pty Ltd, its directors, officers, employees, and agents against any claims, losses, costs, and expenses arising from your breach of these Terms, your violation of applicable law, or any operational decision made in reliance on Suite outputs.
9. Term and Termination
These Terms commence on the date of your first access to the Suite. Elevator Mate Pty Ltd may suspend or terminate your access immediately for breach of these Terms, suspected fraudulent or unlawful activity, or if a tool is discontinued. Provisions relating to intellectual property, data, liability, indemnity, and dispute resolution survive termination.
10. Dispute Resolution
The parties will first attempt to resolve any dispute by good faith negotiation within thirty days of written notice. If negotiation fails, either party may refer the dispute to mediation administered by the Australian Disputes Centre. If mediation fails, either party may commence legal proceedings.
11. General
These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia. These Terms constitute the entire agreement between the parties. If any provision is found invalid, it is severed and the remaining provisions continue in full force.
12. Contact
Elevator Mate Pty Ltd (trading as DeliveryM8) | Email: hello@deliverym8.com