Terms of Service

1. Introduction

These Terms of Service ("Terms") apply to all visitors, users, and customers of the Gearup Wa Pty Ltd website (gearupwapty.site) and all services offered through it, including gear supply, hire, and expedition outfitting.

By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree, you must not use our website or services. We reserve the right to update these Terms at any time; continued use constitutes acceptance of the revised Terms.

Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Western Australia and the laws of Australia applicable therein. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Western Australia.

Company: Gearup Wa Pty Ltd, ABN 96 699 911 585, ACN 699 911 585, Western Australia 6056.

2. Hiring Equipment — Terms & Liability

When you hire equipment from Gearup Wa, the following terms apply:

Inspection: All hired equipment is inspected and serviced before dispatch. You acknowledge that you have inspected the equipment upon collection and confirm it is in satisfactory working condition.
Use: Hired equipment must be used strictly in accordance with manufacturer instructions and all applicable safety guidelines. Gearup Wa is not liable for injury or damage arising from misuse, failure to follow instructions, or use beyond the equipment's intended purpose.
Damage & Loss: You are responsible for all damage beyond reasonable wear and tear, and for any lost or stolen equipment during the hire period. We reserve the right to charge the full replacement or repair cost of damaged, lost, or stolen items on your hire agreement. A security deposit may be required for certain hire items.
Return: Equipment must be returned by the agreed date and time. Late returns may incur additional charges at our standard daily hire rate.
Wear and Tear: Reasonable wear and tear during normal use is not chargeable. We assess wear on a case-by-case basis at the time of return.

3. Purchasing Equipment

All purchases are subject to the following:

Prices are quoted in Australian Dollars (AUD) and are inclusive of GST where applicable.
We reserve the right to correct pricing errors should they occur.
Ownership of goods passes to you upon delivery and payment in full (or, where applicable, upon dispatch if prior payment arrangements have been agreed).
Warranty claims are handled directly with the manufacturer or supplier as applicable; Gearup Wa acts as a supplier and is not the manufacturer of all products listed.

4. Expedition Outfitting & Corporate Packages

For expedition outfitting and corporate group packages:

Quotes are valid for 30 days unless otherwise stated.
A deposit may be required to secure booking. Deposit terms will be communicated at the time of quoting.
Cancellations made less than 14 days before the start date are subject to a cancellation fee equal to 50% of the total booking value. Cancellations made less than 48 hours prior are subject to a fee of 100% of the total booking value.
Changes to a confirmed booking may incur additional costs at our discretion.

5. Intellectual Property

All content on this website — including text, graphics, logos, icons, images, and software — is the property of Gearup Wa Pty Ltd or its content suppliers and is protected by Australian and international copyright, trademark, and other intellectual property laws.

You may not reproduce, modify, distribute, or create derivative works from any content on this website without our prior written consent. You may print or download extracts for personal, non-commercial use only.

The Gearup Wa name, logo, and trading names are trademarks of Gearup Wa Pty Ltd and may not be used without authorisation.

6. Limitation of Liability

To the fullest extent permitted by law, Gearup Wa Pty Ltd and its officers, employees, and agents:

Exclude all liability for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services.
Do not accept liability for any loss of profit, revenue, data, business opportunity, or goodwill.
Are not liable for any personal injury or property damage caused by the inherent risks associated with outdoor activities, including but not limited to weather conditions, terrain, wildlife, and equipment performance in rugged environments.

Our total liability to you for any claim arising out of or connected with these Terms, whether in contract, tort (including negligence), or otherwise, is limited to the total amount paid by you to Gearup Wa for the specific service or hire item giving rise to the claim.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

7. Termination

We reserve the right to terminate or suspend access to our website and services immediately, without prior notice or liability, if you:

Breach these Terms in any way
Use the website or services for any unlawful purpose
Provide false or misleading information in connection with any booking or enquiry

Upon termination, all outstanding hire charges, fees, and amounts owing become immediately due and payable. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to the Limitation of Liability, Intellectual Property, and Governing Law sections.

8. Website Availability

We strive to keep our website available and functioning but do not guarantee uninterrupted access. We may suspend, withdraw, or restrict access to all or part of the website for maintenance, security, or operational reasons without prior notice.

We are not liable for any loss or damage arising from the unavailability of the website for any reason.

9. General

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gearup Wa regarding your use of our website and services.
Severability: If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions remain in full force and effect.
No Waiver: Failure to enforce any right under these Terms does not constitute a waiver of that right or any other right.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.

10. Contact

If you have any questions about these Terms of Service, please contact us:

Email: ceo@gearupwapty.site

Postal: Gearup Wa Pty Ltd, Western Australia 6056