Conditions & privacy

Terms of Trade

Structool Pty Ltd – Terms of Trade

(“Terms”)

1 Application of Terms

1.1 These Terms, together with our quotation (if any), govern our supply of Goods and Services to you, including supplies on a cash basis.

1.2 If you wish to negotiate these Terms with us then you should respond to this document, marking up these Terms and drawing those changes to our attention and obtain our agreement in writing.

1.3 It is not our practice to otherwise review terms and conditions on documents that you issue to us.

1.4 Unless we otherwise agree in writing, we do not accept, and will not be bound by, any terms or conditions included in, attached to, or referenced in, any other document you give to us like a purchase order.

2 Quotations

2.1 Each quotation that we issue:

(a) is an estimate only;

(b) is not an offer or obligation to supply any Goods or to perform any Services;

(i) GST, customs duty, and any similar tax or impost;

(ii) building or development applications, permit fees to local Councils, and other relevant Approvals; and

(iii) deposit terms;

(d) does not include the costs of delivering Goods;

(e) remains valid for acceptance for a period of fourteen (14) days from the date of quotation, unless withdrawn or varied by us at any time before a contract for supply is formed; and

(f) contains a price on the basis that all Services are performed, and all Goods delivered, during our usual business hours, unless the quotation states otherwise.

2.2 Quotations provided orally are subject to written confirmation.

2.3 A quotation may include additional terms or conditions, which will supplement these Terms.

2.4 Should you wish to have Services performed or Goods delivered outside our usual business hours please let us know as additional charges may apply.

3 Formation of contract

3.1 We are not obliged to supply any Goods or provide Services until after a contract for supply is formed.

3.2 A contract for supply is formed, and you have accepted these Terms, when:

(a) you have placed an Order with us; and

(b) we have received any deposit we have required from you in respect of the Order before progressing it; and either we have:

(d) supplied you with any Goods or performed any Services following receipt of your Order.

3.3 If you revoke an Order:

(a) prior to the formation of a contract for supply then:

(i) we will refund you any deposit you have paid in respect of that Order; and

(ii) you will not be required to pay any fee for the cancellation of the Order; or alternatively

(b) after the formation of a contract for supply then unless we are in breach of the contract for supply:

(i) you must pay all our reasonable costs associated with fulfilment of your Order; and

(ii) we may apply any deposit you have paid towards those costs.

4 Price

The price payable for the Goods or Services will be:

(a) the price agreed in writing; or alternatively

(b) the price by our prevailing price list or rates as when you place your Order.

5 Price variations

5.1 This clause 5 applies where a contract for supply has formed pursuant to clause 3.2.

5.2 Unless otherwise agreed, where you request or direct that any Goods or Services be supplied that are not strictly in accordance with your Order, then such Goods or Services shall constitute a price variation and clause 5.3 will apply.

5.3 You acknowledge and agree that your requested variations under clause 5.2 shall be, at our reasonable discretion, invoiced at the rate(s) specified in the original quotation, as specifically quoted, or in accordance with our current prevailing rates or price list (as amended from time to time).

5.4 Subject to clause 5.5, we reserve the right to vary the price or rates specified in the Order if:

(a) there is any movement in the cost of supplying the Goods or Services specified in the Order (including, without limitation, any actual increase in the costs to manufacturing, procuring, or transporting the Goods, foreign exchange fluctuation, currency regulation of duties, or significant increases in the cost of labour, materials);

(b) additional Goods or Services are required due to the discovery of hidden or unforeseen problems (including, without limitation, issues, faults or problems identified upon further inspection) which have been discovered following the commencement of the Services;

(d) you request:

(i) the Goods or Services be rendered outside our usual business hours; or

(ii) that we delay provision of the Goods or Services for sixty (60) days or more; or

(e) as otherwise provided for in these terms and conditions.

5.5 Where we vary the price or rates payable for the Goods or Services pursuant to clause 5.4, we will notify you of the new price or rates. Thereafter you may reject the new price or rates within seven (7) days and terminate the contract for supply without further cost, or any penalty to you, otherwise you agree that the new price or rates will apply to the contract. For clarity, any termination of the contract for supply under this clause will be without prejudice to any Goods or Services supplied prior to termination.

6 Manufacturing, fabrication, and lead times

6.1 Any lead time stated by us:

(a) is intended as an estimate only and is not a contractual commitment; and

(b) is subject to drawing approvals (where applicable), materials availability, current capacity, credit application approval, and provision of all necessary information to allow us to proceed with your Order.

6.2 Where applicable, you must review and approve our draft drawings or designs in writing prior to us proceeding to manufacture or fabricate the Goods.

6.3 You agree to promptly answer our queries and to furnish us with any further information we may require to prepare draft drawings or designs. If you fail to promptly answer our queries or furnish us with the information we require, we will be entitled to adjust any estimated lead time accordingly.

6.4 All Goods are manufactured to metric sizes. Where imperial dimensions are shown on our quotation or other documentation, those dimensions will be converted to the approximate metric equivalent dimensions.

6.5 We will be under no obligation to proceed to fabrication of the Goods where:

(a) you have not approved our final drawing or designs; or

(b) you have not selected the colour and finish to be applied to the Goods; or

7 Delivery and risk

7.1 Unless otherwise agreed, you must reimburse us for all reasonable charges and costs associated with transport, shipping, demurrage, freight, cartage, and other delivery costs.

7.2 We will use reasonable endeavours to deliver the Goods at the time and place agreed for delivery. You will make arrangements necessary to take delivery of the Goods.

7.3 You acknowledge and agree that , unless the contract for supply expressly states otherwise:

(a) time in respect of delivery is not of the essence; and

(b) any timeframe or date for delivery is an estimate only and is not a contractual commitment.

7.4 Risk of loss, damage, or deterioration to the Goods passes to you, and delivery is deemed to occur, at the time:

(a) you or any third party on your behalf collect the Goods from us;

(b) we or our nominated carrier deliver the Goods to the delivery location stated in your Order (or to such other location as agreed in writing); or

7.5 It is your responsibility to provide suitable, practical, and safe means of access and egress to the place agreed for delivery. If the site is deemed unsuitable or unsafe (at the delivery driver’s sole discretion), then the delivery driver may:

(a) refuse to deliver the Goods and return the Goods to the point of despatch (in which case an additional delivery fee will apply to any subsequent delivery attempt); or

(b) deliver the Goods to the location nearest to the agreed place for delivery where delivery can be safely effected.

7.6 You agree to sign our delivery docket or consignment note or that of our nominated carrier as confirmation that you have received the Goods, and if appropriate, certify that you have received the Goods in apparent good order and condition in the quantity or volume you have ordered.

7.7 If you authorise us to deliver the Goods to a third party, an unattended location, or to leave Goods outside the agreed place for delivery, we may deliver the Goods as requested at your risk.

7.8 If delivery or collection of the Goods is deferred:

(a) at your request; or

(b) due to you being unable or unwilling to accept delivery of the Goods (other than as a result of the Goods delivered not being in accordance with the contract for supply), in circumstances where:

(d) the Goods are due to be delivered or collected on an agreed delivery date, then you will pay to us:

(e) reasonable daily storage charges (which will continue to accrue until such time as the Goods are delivered or collected); and

(f) any costs associated with us or our nominated carrier attempting to re-deliver the Goods (where we or our nominated carrier has previously attempted to deliver the Goods).

7.9 You acknowledge and agree that we may deliver the Goods in one or more lots and may invoice you for pro rata progress in respect thereof.

8 Provision of Services

8.1 Subject to any applicable laws or unless otherwise agreed in writing, we will determine (in our absolute and reasonable discretion) the method, delivery, and performance of the provision of Services.

8.2 You must ensure that Site amenities required by our Personnel, including water, electricity (i.e. 240 volt), and sanitary accommodation (i.e. serviced toilet facilities) are made available for our Personnel’s use (at no cost to us or our Personnel). If you fail to make such amenities available, we will be entitled to invoice you any additional costs we incur in procuring or providing such amenities.

8.3 You must, prior to us commencing the Services:

(a) obtain, at your expense, all relevant Approvals;

(b) (where applicable) engage a licensed service locator to clearly mark the location of all above and below ground services (including but limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone and telecommunications cables, fibre optic cables, and oil pumping mains) and any other services that may be on Site;

(c) (where applicable) ensure that all scaffolding erected complies with industry safety standards and that any person erecting the scaffolding shall be suitably qualified to ensure its safe and proper erection and where necessary shall hold a current certificate of competency and be fully licensed;

(d) remove any furniture, furnishings or personal goods from the vicinity of the Site;

(e) restrict any animals and non-Personnel from accessing the Site;

(f) cover all swimming pools, spas, ponds, and other bodies of water near the Site;

(g) provide us with such information and documentation that we reasonably require to perform the Services; and

(h) inform us of any special requirements pertaining to the Services (such as Site-specific policies or safety requirements).

8.4 Unless the contract states otherwise, you must provide us with a skip bin or suitable facilities for us to dispose of our rubbish. While we will be responsible for disposal of our rubbish, we will not be responsible for disposing of the rubbish of any third party.

8.5 You acknowledge and agree that:

(a) unless the contract expressly states otherwise:

(i) time in respect of completion of the Services is not of the essence; and

(ii) while we will take reasonable endeavours to complete the Services by the estimated date for completion, any timeframe or date for completion is an estimate only and is not a contractual commitment;

(b) all Services carried out outdoors are contingent on suitable weather conditions; and

(c) we may suspend or cease performance of the Services at any time by notice to you if, in our opinion (acting reasonably), we determine the Site to be unsafe.

8.6 If the commencement or the completion of the Services is delayed due to any event beyond our reasonable control, such as:

(a) intervention, misadventure, or obstruction caused by Government Agencies, consultants, or other contractors;

(b) Goods unavailability;

(i) select the Goods or Services;

(ii) have the Site ready for us to perform the Services; or

(iii) notify us the Site is ready for us to commence the Services, then you agree we may extend the time for commencement or completion of the Services (as the case may be) by a period of time equal to the delay.

8.7 You must at all reasonable times permit our Personnel to have free, clear, and unrestricted access to the Site to enable us to fulfil our obligations without unreasonable interruption, impediment, delay, or obstruction.

8.8 If you make available access to the Site, you warrant that the Site is safe and that it complies with all relevant work health and safety laws and standards.

9 Access

When at our premises, you must, and must ensure that your Personnel:

(a) protect people and property;

(b) act in a safe and lawful manner;

(c) take all reasonable steps to ensure our workspace (and any premises where the respective Personnel of the parties may interact) is safe, inclusive, and harassment and bullyingfree, at all times;

(d) minimise water, fuel, and electricity use (including lighting, heating, and air-conditioning);

(e) where possible prevent and otherwise minimise waste, pollution, and nuisance;

(f) (where reasonably requested by us) provide an environmental management plan on request;

(g) comply with safety and environmental standards;

(h) comply with our policies; and

(i) comply with any lawful directions given to you or your Personnel by our Personnel.

10 Payment terms

10.1 Unless:

(a) you have a Credit Facility with us which is not in default; or

(b) we have agreed to milestone or progress payments (which may include deposit terms), then:

(d) you must pay for all Goods before they are despatched (in cash or cleared funds); and

(e) you must pay for all Services following completion of the Services and within seven (7) days from the date you were invoiced or charged.

10.2 Payment may be made by cash, cheque, electronic funds transfer, Visa, or Mastercard credit cards. We reserve the right to change the payment methods that we accept at any time.

10.3 We may charge a payment surcharge for applicable payment transactions equal to our reasonable cost of acceptance.

10.4 You agree to pay GST on all taxable supplies upon us issuing you a tax invoice relating to the taxable supply.

10.5 Subject to clauses 11.1 and 11.2, you agree to pay sums due to us free of any set off or counterclaim and without deduction or withholding.

11 Claims

11.1 You must, within seven (7) business days from the date of delivery:

(a) inspect the Goods for shortfall, incorrect supply, and for any obvious or apparent defects that a reasonable person upon inspection would identify;

(b) give us reasonable notice in writing, with particulars, of any Claim that the Goods delivered are not in accordance with the contract for supply (including any Claim for shortfall, incorrect supply, defects, or obvious or apparent damage to the Goods);

(c) reasonably preserve Goods the subject of your Claim in the state in which they were delivered pending our inspection or review of the Claim; and

(d) at our reasonable request:

(i) provide us with photographic evidence (to our satisfaction) of any alleged damage to the Goods; and

(ii) permit us access to your premises (or any premises that you own or occupy) to inspect the Goods.

11.2 You must notify us in writing of any Claim for non-delivery within seven (7) days of the date of the invoice which relates to the Goods the subject of your Claim.

11.3 If the contract for supply is not a Consumer Contract nor a Small Business Contract and you fail to notify us in accordance with clauses 11.1 or 11.2, then, to the extent permitted by law, the Goods are deemed to have been delivered in good condition and in accordance with the contract for supply.

11.4 If the contract for supply is a Consumer Contract or Small Business Contract and you fail to notify us in accordance with clauses 11.1 or 11.2, then, to the extent permitted by law, you waive your right to reject the Goods. For the avoidance of doubt, ‘reject goods’ and ‘rejection of goods’ has the same meaning given to these terms as in relevant sales of goods legislation.

12 Returns

12.1 We will accept the return of any Goods if:

(a) the Goods supplied do not conform with the contract for supply;

(b) the Goods are defective; or

(c) we are required by law to accept the return of the Goods. 12.2 At our discretion, we may accept the return of Goods if you change your mind if:

(a) you agree to (except for Goods we have incorrectly supplied or we agree are defective):

(i) pay a handling and administration charge of up to 20% of the purchase price of the returned Goods; and

(ii) reimburse us for all other reasonable costs we incur in connection with the return of those Goods;

(b) the Goods are in substantially the same condition to the condition in which they were delivered; and

12.3 You indemnify and release us from any damage that occurs to any Goods in return transit. You should ensure that any returned Goods are insured against such damage.

13 Retention of title

13.1 Until such time as you have made payment in full (in cash or cleared funds) for any Goods we have supplied:

(a) title in the Goods does not pass to you and we retain the legal and equitable title in the Goods;

(b) you will hold the Goods as fiduciary and bailee for us and agree to store the Goods in such a manner as to enable them to be readily identifiable as our property;

(d) unless and until we notify you to the contrary, you will be entitled to use or sell the Goods in the ordinary course of your business (provided any such sale is at arm’s length and on market terms) and will sell the Goods as our agent and bailee; and

(e) you undertake to hold any proceeds derived from the sale of the Goods on trust for us absolutely.

13.2 While title in the Goods remains with us, you permit us to enter upon any premises you occupy (or any premises any receiver, receiver and manager, administrator, liquidator, or trustee in

bankruptcy of yours occupies) as your invitee to inspect the Goods and, when you are in default of payment of any invoice, to repossess any Goods in your possession, custody, or control.

13.3 Where we exercise our right of entry pursuant to clause 13.2, you agree that us doing so will not give rise to any Claim for trespass or similar action against us or our officers, employees, and agents.

13.4 Where we have retaken Goods into our possession, we have the right to sell or deal with those Goods, and, if necessary, sell any Goods bearing your name or trade mark, and you hereby grant us an irrevocable licence to do all things necessary to sell those Goods.

13.5 For the removal of doubt, our interest under this clause 13 constitutes a purchase money security interest for the purposes of the PPS Act.

14 Security interest

14.1 You must reimburse us for any costs we incur in registering our interests on the Personal Property Securities Register (including registration fees).

14.2 Unless you have obtained our prior written and fully informed consent, you undertake not to:

(a) register a financing change statement in respect of a security interest in our favour; or

(b) create, or purport to create, any security interest in the Goods (or any proceeds derived from the sale of such Goods), nor register, nor permit to be registered, a financing statement or financing change statement in relation to the Goods in favour of any third party.

14.3 You:

(a) waive your right to receive a copy of any verification statement in accordance with section 157 of the PPS Act; and

(b) agree that, to the extent permitted by the PPS Act:

(i) sections 95, 96, 117, 118, 120, 121(4), 123, 125, 126, 128, 129, 130, 132, 134, 135, 142, and 143 of the PPS Act do not apply and are hereby contracted out of; and

(ii) you waive your right to receive notices under sections 95, 118, 121(4), 127, 130, 132(3)(d), and 132(4) of the PPS Act.

14.4 We need not disclose information of the kind detailed in section 275(1) of the PPS Act, unless required by law.

14.5 Where we have rights in addition to those under Part 4 of the PPS Act, those rights continue to apply.

15 Particular purpose

If you require any Goods for a particular purpose, you must advise us of that purpose prior to placing your Order and must obtain a written assurance from us that the Goods will meet yourrequirements. If you do not advise us of your requirements and we do not expressly warrant in writing that the Goods will be fit for your particular purpose, then you agree that you did not rely upon our skill or judgment in relation to the suitability of the Goods for that purpose.

16 Customer Material

16.1 You warrant and represent to us that all Customer Material:

(a) is accurate and correct; and

(b) will not infringe the Intellectual Property Rights of any thirdparty.

16.2 You grant us a non-exclusive, non-transferrable, royalty free, perpetual, worldwide licence to use all Customer Material for:

(a) the purposes of supplying the Goods or performing the Services; and

(b) (where such Customer Material is not confidential in nature) marketing and advertising.

17 Intellectual Property Rights

17.1 All right, title, and interest in the Intellectual Property Rights in and to all Working Documents, and all Goods (including Goods that we have designed, drawn, or developed) sold or supplied by us are, and will at all times, remain our property or that of our licensor.

17.2 All improvements, derivatives and modifications to the Intellectual Property Rights contemplated by clause 17.1 (the Improvements) vest in us immediately on creation. To the extent necessary to give effect to this clause 17.2, you assign to us all right, title, and interest in the Improvements.

17.3 You acknowledge and agree that:

(a) you have no rights to use our or our licensor’s Intellectual Property Rights under these Terms, except as expressly set out herein, unless otherwise agreed in writing; and

(b) you must not modify, copy, clone, or reverse engineer any of our Goods (nor procure or permit any person within your reasonable control to do any of these things).

18 Default

18.1 Clauses 18.2 to 18.4 apply if you fail to pay sums to us when they fall due.

18.2 We may charge you interest on the outstanding debt (including any judgment debt) at the rate of 10% per annum.

18.3 We may suspend or cease the supply of any further Goods or Services to you.

18.4 We may require pre-payment in full for any Goods or Services which have not yet been supplied.

19 Indemnity

19.1 If you default in the performance or observance of your obligations under any contract of which these Terms form part, then:

(a) we will take steps to mitigate our loss and act reasonably in relation to any default by you; and

(b) we will give you notice requesting payment for loss and damage occasioned in respect of those events and requesting that you remedy any breach within a reasonable time; and

(c) if that demand is not met then you indemnify us in respect of loss, damage, costs (including collection costs, bank dishonour fees, and legal costs on an indemnity basis) that we have suffered arising therefrom.

19.2 Your liability to indemnify us will be reduced proportionally to the extent that any fraud, negligence, or wilful misconduct by us or abreach of our obligations under contract has contributed to the Claim, loss, damage, or cost which is the subject of the indemnity.

19.3 Your liability to indemnify us is a continuing obligation separate and independent from your other obligations and survives the termination or performance of any contract of which these Terms form part.

20 Limitation of liability

20.1 No party is liable to the other party for any Consequential Loss, including under clause 19, however caused arising out of or in connection with any contract for supply of which these Terms form part.

20.2 While we will take reasonable endeavours to meet any estimated delivery date or estimated time for Goods and Services, you acknowledge and agree that we are not liable for any delay associated with meeting those estimated timeframes.

20.3 If the contract for supply is not a Consumer Contract or a Small Business Contract then, to the extent permitted by law, our liability is limited to:

(a) (in the case of a supply of Goods):

(i) us repairing or replacing the Goods; or

(ii) us paying you the cost of having the Goods repaired or replaced; or

(b) (in the case of a supply of Services):

(i) us supplying the Services again; or

(ii) us paying you the cost of having equivalent Services supplied.

21 Termination

A party may, with immediate effect, terminate any contract for supply of which these Terms form part by notice in writing, if the other party:

(a) commits a material or persistent breach of these Terms and does not remedy that breach (if capable of remedy) within seven (7) days of the receipt of a notice (or such longer time as specified in the notice) identifying the breach and requiring its remedy; or

(b) has failed to pay sums due to the party within seven (7) days; or

(d) ceases to carry on business; or

(e) comprises an entity which is the subject of the appointment of receivers or managers; or

(f) comprises a natural person who:

(i) has committed an act of bankruptcy; or

(ii) has been made bankrupt;

(g) comprises a corporation which:

(i) enters into voluntary administration;

(ii) is subject to a deed of company arrangement; or

(iii) is subject to the appointment of liquidators or provisional liquidators.

22 Force majeure

22.1 If a party is wholly or partly unable to carry out any obligation under a contract for supply (other than a payment obligation) because of a Force Majeure Event and the affected party:

(a) gives the non-affected party prompt notice of that Force Majeure Event including particulars of the event relied upon and so far as known the probable extent to which it will be unable to perform or be delayed in performing that obligation; and

(b) uses all reasonable diligence to remove or remedy that Force Majeure Event as quickly as possible, that obligation is suspended to the extent that it is affected by the continuation of the Force Majeure Event.

22.2 Despite clause 22.1, the non-affected party may terminate the contract for supply immediately by giving notice to the affected party if the suspension of the affected party’s obligation continues under clause 22.1 for more than one (1) month.

23 Agent capacity

If you act as an agent for another party or parties (whether disclosed to us or not), you warrant and represent to us that:

(a) you hold a current and proper authority to engage us on behalf your principal(s);

(b) any Goods or Services you request we supply are within the authority and financial limits authorised by your principal(s);

(d) at our request, you will provide the name(s), address(es), and contact details of your principal(s); and

(e) if you fail to pay sums to us when they fall due as a result of a dispute between you and your principal(s) regarding your authority, or if you fail to hold sufficient funds in accordance with clause 23(c), then you agree to indemnify us for the amount due and owing.

24 Trustees

24.1 If you are the trustee of a trust (whether disclosed to us or not), you warrant to us that:

(a) you enter into the contract for supply in both your capacity as trustee and in your personal capacity;

(b) you have the right to be reasonably indemnified out of trust assets;

(d) you will not retire as trustee of the trust nor appoint any new or additional trustee without first notifying us in writing and having the new or additional trustee sign an agreement on terms substantially the same as those governing your Credit Facility (where applicable).

24.2 You must give us a true and complete copy of the trust deed upon request.

25 Variation

25.1 We may amend these Terms in the future by notifying you in writing. The amended Terms will thereafter apply to each Order you place unless you earlier give us written notice in advance of placing a further Order.

25.2 The parties may agree to amend any contract of which these Terms form part by agreement in writing.

26 Assignment

26.1 Subject to clause 26.2, a party may only assign its rights or obligations under the relevant contract with the written consent of the other party, with such consent not unreasonably withheld.

26.2 We may assign or transfer our rights and obligations under the relevant contract but only where we are transferring our business as a going concern to a third party, without your consent.

27 Subcontracting

You acknowledge and agree that, due to the nature of the Goods and Services, we may be reasonably required to subcontract under these Terms, and we reserve our right to subcontract:

(a) the supply of any part of the Goods to be supplied; and

(b) the Services to be performed (or any part of those Services), however, any subcontracting will not relieve us of any of our obligations to you.

28 Conflicts and Inconsistencies

If there is any conflict or inconsistency between any of the documents which together govern the relationship between the parties, it is agreed the order of precedence will be (highest to lowest):

(a) any additional terms or conditions contained in our quotation applicable to the supply of Goods or Services;

(b) any terms governing your Credit Facility; and

29 Severance

If any part or term of our agreement with you (including any Credit Facility) is illegal, invalid, or unenforceable, it will be read down so far as necessary to give it a valid and enforceable operation or, if that is not possible, it will be severed from the contract and the remaining provisions will not be affected, prejudiced, or impaired by such severance.

30 Governing law and jurisdiction

30.1 Our relationship is governed by and must be construed according to the law applying in the State of Western Australia.

30.2 The parties irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Western Australia with respect to any proceedings that may be brought at any time relating to our relationship.

31 Definitions

In these Terms, unless the context otherwise requires, the following definitions apply.

31.1 Approval means any authorisation, assessment, accreditation, determination, registration, clearance, permit, licence, consent, certificate, or other approval obtained or required or applying in connection with any contract of which these Terms form part.

31.2 Australian Consumer Law means Schedule 2 to the Competitio n and Consumer Act 2010 (Cth), as amended.

31.3 Claim includes a claim, notice, demand, action, proceeding, litigation, investigation, judgment, or award howsoever arising, whether present, unascertained, immediate, future, or contingent, whether based in contract, tort, pursuant to statute or otherwise and whether involving a third party or a party to a contract for supply.

31.4 Consequential Loss includes any:

(a) consequential loss;

(b) loss of anticipated or actual profits or revenue;

(d) financial or holding costs;

(e) loss or failure to realise any anticipated savings;

(f) loss or denial of business or commercial opportunity;

(g) loss of or damage to goodwill, business reputation, future reputation, or publicity;

(h) loss or corruption of data;

(i) downtime costs or wasted overheads; or

(j) special, punitive, or exemplary damages.

31.5 Consumer Contract has the meaning given to this term in section 23(3) of the Australian Consumer Law.

31.6 Credit Facility means an account we have opened for you on which we may, from time to time, extend you with additional time to pay for our Goods and Services and associated charges.

31.7 Customer, you means the person or other entity who has placed an Order with us for the supply of Goods or Services (or the person on whose behalf an Order is placed).

31.8 Customer Material means all information and documentation provided to us by you (or on your behalf) in the course of us supplying the Goods or Services.

31.9 Force Majeure Event means any act of God, acts, decrees, or regulations of government authorities, casualty, fire, explosion, storm, flood, frost or snow, earthquake, embargo, industrial action, strike, lockout, civil commotion, riot, insurrection, war, epidemic or pandemic, damage to or destruction of facilities, equipment or mechanical breakdown, failure of a third-party supplier or service provider, or any other occurrence which is not in the reasonable control of the affected party.

31.10 Goods means all goods supplied by us, as described on our quotation, invoice, or any other form issued by us.

31.11 Government Agency means any government or governmental, semi-governmental, administrative, fiscal, judicial or quasi-judicial body, department, commission, authority, tribunal, Minister of the Crown, agency, entity or parliament .

31.12 Intellectual Property Rights means all industrial and intellectual property rights throughout the world, whether present or future, and whether protectable by statue, at common law or in equity, including rights in relation to copyright, trade secrets, know how, trade marks (whether registered or unregistered or whether in word or logo/device form), designs, patents and patentable inventions, including the right to apply for registration of any such rights.

31.13 Order means a written or oral order placed by you requesting that we provide Goods or Services.

31.14 Personnel means officers, employees, and agents engaged by each party (but does not include the other party) and, in the case of the Supplier, includes its subcontractors (and any employee of those subcontractors).

31.15 PPS Act means the Personal Property Securities Act 2009 (Cth), as amended.

31.16 Services means all services performed by us, as described on our quotation, invoice, or any other form issued by us.

31.17 Site means the location where the Services are to be performed (and where applicable, includes our premises).

31.18 Small Business Contract has the meaning given to this term in section 23(4) of the Australian Consumer Law.

31.19 Supplier, we, us means Structool Pty Ltd (ACN 671 369 841).

31.20 Working Documents means all photographs, plans, designs (including CAD or computer generated designs), specifications, and schedules created by us in the course of or in relation to any contract in which Intellectual Property Rights may subsist and all drafts, variations, alterations, and adaptations of such photographs, plans, designs, specifications, and schedules (whether currently existing or created in the future).

32 Interpretation

In these Terms, unless the context otherwise requires:

(a) a time is a reference to the time zone of Perth, Australia unless otherwise specified;

(b) $, dollar, or AUD is a reference to the lawful currency of Australia;

(c) a party includes a reference to that person’s executors, administrators, successors, substitutes (including a person who becomes a party by novation), assigns, and in the case of a trustee, includes any substituted or additional trustee;

(d) a right includes a benefit, remedy, authority, discretion, or power;

(e) the singular includes the plural and vice versa, and a gender includes other genders;

(f) “in writing” or “written” means any expression of information in words, numbers, or other symbols, which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information;

(g) if a word or phrase is given a defined meaning, its other grammatical forms have a corresponding meaning;

(h) words such as “includes”, “including”, and “for example” are not words of limitation and are to be construed as though followed by the words “without limitation”; and

(i) a term of an agreement in favour of two or more persons is for the benefit of them jointly and each of them separately.

Privacy Policy

Privacy Policy
Last updated: July 2026

Thank you for placing your trust in Structool Pty Ltd ACN 671 369 841, and its related parties and
subsidiaries (individually and collectively, “we”, “us”, as the context requires) as those
expressions are defined in the Corporations Act 2001 (Cth).

This Privacy Policy describes how we collect, hold, use, and disclose your information and explains
the choices that you have regarding how we use your personal information. This Privacy Policy
applies to all dealings we have with individuals, including customers, guarantors or prospective
guarantors, suppliers and service providers, and job applicants.

We are committed to protecting your personal information. By submitting your personal information
to us, or by using our services, you acknowledge and consent to us using your personal information
in accordance with this policy.

This policy is intended to enhance the transparency of our company’s operations, notify you of your
rights and our obligations and provide information regarding:

1. the kinds of personal information which we will collect and hold;

2. how we will collect, hold, use, and disclose personal information;

3. the purpose for which we collect, hold, use, and disclose personal information;

4. how you may access personal information that is held by us and seek correction of such
information;

5. how you may complain about a breach of the Australian Privacy Principles (APP) or registered
APP code (if any) that binds us and how we will deal with such complaint;

6. whether we are likely to disclose personal information to overseas recipients;

7. if we are likely to disclose personal information to overseas recipients, the countries in
which such recipients are likely to be located.

This Privacy Policy sets out how we comply with our obligations under the Privacy Act 1988 (Cth)
(Act).

Acknowledgement

We acknowledge that we must take reasonable steps when handling personal information.

Whilst we cannot warrant that this policy will be followed in every instance we will endeavour to
follow this policy on each occasion. Similarly, while we cannot warrant that loss, misuse, or
alteration of information will never occur, we will take all reasonable steps to prevent these
things from occurring.

We have taken reasonable steps to endeavour to comply with the APPs and the Act, some examples are
noted below.

1. Implementation of this privacy policy.

2. Staff training and education.

3. Use of checklists to ensure that all APPs are complied with.

4. Clear and transparent procedures regarding the handling of complaints and disclosure of
information.

If you require a hardcopy of this Privacy Policy, please contact our Privacy Officer on the details
below and we will provide you with a copy.

Otherwise our Privacy Policy is available at the following webpage:
https://structool.com.au/conditions-privacy/

The kinds of personal information which we will collect and hold

Collection of personal information

It is our usual practice to collect personal information directly from the subject individual or
their authorised representative(s).

Personal information means information or an opinion (including information or an opinion forming
part of a database), whether true or not, and whether or not recorded in a material form, about an
individual whose identity is apparent, or can reasonably be ascertained, from the information or
opinion.

Some examples of some personal information we might collect are:

1. your name;

2. your contact details (such as telephone numbers, addresses (residential and business), and
email addresses etc.);

3. your age or date of birth;

4. your occupation and employment details (current and former);

5. personal identification documentation (including government related identifiers);

6. details relating to your use of our goods and services;

7. payment details;

8. banking details;

9. account passwords;

10. social media profiles or accounts;

11. browser session details and approximate (not specific) geo-locations;

12. images from video surveillance and other cameras we use; and

13. customer survey information.

Collection of sensitive information

‘Sensitive information’ generally means information or an opinion about an individual’s:

1. racial or ethnic origin; or

2. political opinions; or

3. membership of a political association; or

4. religious beliefs or affiliations; or

5. philosophical beliefs; or

6. membership of a professional or trade association; or

7. membership of a trade union; or

8. sexual orientation or practices; or

9. criminal record (that is also personal information); or

10. health, genetic, or biometric information about an individual.

We do not ordinarily collect sensitive information but if we need to do so, we will endeavour to
obtain your consent at or before the time of collection.

Where we have received unsolicited sensitive information (whether or not incidental to our
collection of personal information):

1. we will notify you, verify your identity, and provide you with the particulars of that
sensitive information;

2. (unless you consent or agree otherwise) we will not use that sensitive information (subject to
a ‘permitted general situation’); and

3. we will destroy, redact, or pseudonymise that sensitive information.

We may collect and use sensitive information about you where a ‘permitted general situation’ (as
that term is defined in section 16A of the Act) exists in relation to that sensitive information.

Identification

You may choose to interact with us using a pseudonym or by not identifying yourself. Where you
choose to use a pseudonym or you do not identify yourself when interacting with us, we may be
limited in the assistance we can provide.

In circumstances where we are required to do so, or are authorised by law, a court or tribunal to
ask for your identification, we will request your personal information.

Further it is likely that it will be impractical for us to interact with you without some form of
identification, and therefore we will request identification details from you at the beginning of
each transaction.

For example, we will not be able to open an account for you without obtaining identification
details.

If you do not consent to the collection of your personal information, in accordance with this
privacy policy, we may not be able to assist you with the provision of certain services.

How we will collect and hold your personal information

We only collect and hold personal information by lawful and fair means.

There are several ways we may collect your personal information, including when you:

1. visit, or submit information through, our website;

2. apply with us for a position of employment or as a contractor;

3. deal with us face-to-face, in writing (by letter, facsimile, or email), or by telephone;

4. participate in any of our events, promotions, or surveys, or subscribe to any of our
publications; or

5. submit an application, quotation, purchase order, or service request to us.

How we will collect personal information (other than sensitive information) from third parties or
indirectly

We may collect and hold personal information that has been collected from a third party (such as an
associated entity, service provider, or contractor).

This will likely occur in instances where:

1. you have consented to this collection (whether to the third party or us); or

2. you would reasonably expect us to collect personal information in this way and it is necessary
for us to collect this information for a primary business or specific purpose (such as
investigation of a complaint).

We may also collect personal information about you from third parties and other sources such as:

1. your nominated representative (including spouses, professional service providers, agents, or
consignees); or

2. information that is in the public domain (where it is reasonably apparent this information is
not publicly available as a result of a data leak, privacy breach, or otherwise made available in
bad faith).

We will usually collect and hold personal information from publicly available sources, such as:

1. social media platforms;

2. newspaper and magazine clippings;

3. business directories;

4. company websites; and

5. telephone research.

How we hold your personal information

We will take steps to hold personal information in a manner which is secure and protected from
unauthorised access.

Your personal information may be held in either a psychical form or in electronic form on our
system.

Where stored in electronic form on our system, we will take steps to protect the information
against modification, disclosure, or misuse by including such things as physical restrictions,
password protections, internal and external firewalls, and anti-virus software.

We will also endeavour to ensure that our service providers have protection for electronic IT
systems and other necessary restrictions.

We will endeavour to ensure our staff are trained with respect to the security of the personal
information we hold, and we will restrict any access where necessary.

While we retain personal information for as long as necessary in relation to the purposes for which
it is collected, we will endeavour to destroy and de-identify the personal information once it is
no longer required, except as required for business record purposes.

If we collect personal information (including sensitive information) that is unsolicited, and we
were not permitted to collect it, we will anonymise or pseudonymise that personal information and
insofar as possible, remove records of any held sensitive information from our systems as soon as
reasonably practicable.

Log Files

Our website follows a standard procedure of using log files. These files log visitors when they
visit websites. The information collected by log files include internet protocol (IP) addresses,
browser type, Internet Service Provider (ISP), date and time stamp, referring or exit pages, and
possibly the number of clicks.

These are not linked to any information that is personally identifiable. The purpose of the
information is for analysing trends, administering the site, tracking users’ movement on the
website, and gathering demographic information.

Cookies and the collection of personal information via our website

When you visit our website or view an e-mail from us, we may collect information about the session
between your computer and our website(s) using cookies or other event tracking technologies. This
information can also be disclosed to related third parties, but is done so in an anonymised form.

‘Tracking pixels’ (also known as ‘marketing pixels’) are graphic files stored on webpages or in
emails that record specific, or live or real-time information. This includes engagement with emails
and website functions, cursor movement and clicks, website traffic and usage, user demographics and
geolocations, and website activities such as online purchases.

‘Cookies’ are text files which are stored on your computer or mobile device (by your web browser)
that record specific information, such as which pages you visit, the information you have searched
for, or the device you are using to access our website.

We use cookies and tracking pixels for the purposes of: managing and improving our website and
social media profiles, to measure performance, to improve campaign effectiveness and our business
processes (including by gathering demographic information about the persons who visit our website
or social media pages), and to create product recommendations, among other things.

We use the Meta tracking pixel and tools such as Google Analytics 4 and Google Tag Manager to track
user interactions on our website (for example, form submissions, page views, and key engagement
actions).

We also utilise advertising platform pixels, including the Google Ads tag and the LinkedIn Insight
Tag, to measure conversions, build remarketing audiences, and optimise campaign performance across
Google and LinkedIn.

Third parties may store or access cookies, pixels local storage, or similar technologies on our
website where their services, plugins, embedded content, analytics tools, advertising pixels or
social media features are used, including but not limited to, for example, and depending on the
features active on our website from time to time, the following entities.

1. Google Analytics (provided by Google Inc.) to enable us:

(a) to perform statistical analyses of e.g. number of visitors, information on gender, age,
location, interests, and the like to learn about our visitors; and

(b) to improve the website friendliness and usability (e.g. on the basis of website traffic
measurements).

2. Youtube (provided by YouTube LLC.) to store session preferences (e.g. language) and suggest
other content based on your previous uses (only activated when you are logged in to Youtube when
visiting our website and only when clicking the YouTube button).

3. Facebook/Meta (provided by Meta Platforms, Inc.) to identify users logged in to Facebook for
the purpose of sharing content on Facebook (only when you are logged in to Facebook when visiting
our website and only when clicking the Facebook button).

4. LinkedIn (provided by LinkedIn Corp.) to enable the “follow” and “share” features of LinkedIn
(only when you are logged in to LinkedIn when visiting our website and only when clicking the
LinkedIn button).

5. Instagram (provided by Meta Platforms, Inc.) to enable the “pin” and “share” features of
Instagram (only when you are logged in to Instagram when visiting our website and only when
clicking the Instagram button).

6. X (formerly trading as ‘Twitter’) (provided by X Holdings Corp.) to enable the “tweet” feature
of X (only when you are logged in to X when visiting our website and only when clicking the X
button).

7. Tik Tok (provided by TikTok Pte. Limited), Snapchat (provided by Snap Inc.), and Pinterest
(provided by Pinterest, Inc.), to identify how you use and interact with these platforms.

8. Oher service providers used for analytics, security, spam prevention, embedded content, social
sharing, advertising, website performance or user experience.

You may elect to disable or turn off cookies in your web browser, however, this may impact upon the
services we are able to offer you on our website and may impact upon your ability to access certain
features of our website.

Our server will also automatically record your Internet Protocol address (IP address).

An IP address is a numerical designation assigned to each device connected to a computer network by
your internet service provider. While IP addresses can be used to identify the general physical
location of a computer, they are otherwise anonymous, and we will not use your IP address to
identify you.

Artificial intelligence

We are committed to protecting the privacy and confidentiality of client information. This extends
to our responsible use of Artificial Intelligence (AI) technologies.

AI is one of many tools we use and our AI usage is governed by our commitment to maintaining
confidentiality and protecting your data and personal information.

How we use AI

We make use of AI tools to support efficiency and creativity in areas such as market research,
content generation, campaign ideation, and strategic analysis. Our primary use for AI is as an
internal support tool to enhance our work and services.

We also use AI tools to assist with drafting, generating creative concepts, producing marketing
assets, and supporting internal workflows.

We use publicly available AI tools to support marketing activities, including content creation,
image generation, video editing, workflow support, and digital asset development for web and print
media.

This includes paid subscriptions to platforms such as ChatGPT, Claude, Canva, CapCut, Adobe
Creative Cloud, and Monday.com.

Any material that we use within AI platforms is de-identified, anonymised, generalised, or
hypothetical in nature. Where an AI tool has generated personal information about you (whether true
or untrue), we will notify you.

We do not input sensitive, confidential, or client-specific information into publicly available AI
tools. This is controlled through internal data handling practices, with usage limited to
non-sensitive, marketing-related content. All content and assets are reviewed and approved prior to
use.

AI governance and security

Access to client data is limited to authorised personnel and handled in accordance with our
internal data security protocols. All final outputs are reviewed and approved by our team before
being shared with our clients and customers.

We continually monitor developments in AI technology and adjust our processes to ensure ongoing our
compliance, security, and ethical duties and standards are maintained.

Hiring and recruitment

If you apply for a position with us, we may also collect information about your experience,
character, qualifications, and screening checks (including background, health, references,
directorship, financial probity, identity, eligibility to work, vocational suitability, and
criminal record checks). Sensitive information will only be collected with your consent.

We collect, use, and disclose your personal information to assess your application, conduct
screening checks and consider and contact you about positions available. Your personal information
may be exchanged with academic institutions, recruiters, screening check providers, health service
providers, professional and trade associations, law enforcement agencies, referees, and your
current and previous employers.

We may not be able to further consider you for positions with us without your personal information.

The purposes for which we collect and hold personal information

We will endeavour to only collect and hold personal information which is relevant to the operation
of our group.

Our purpose for collecting or holding personal information about you is so that it may be used
directly for our primary business activities.

We may also use your personal information for our ancillary business activities, which include,
among other things:

1. assessing credit applications;

2. reviewing existing credit terms;

3. assessing credit worthiness;

4. collecting overdue payments;

5. assessing credit guarantees (current and prospective);

6. internal management purposes;

7. administering accounts;

8. managing relationships with our customers;

9. dealing with complaints;

10. supplying you with goods and services;

11. facilitating product and service reviews;

12. business development and other marketing purposes (including direct marketing);

13. billing;

14. insurance purposes;

15. complying with legal requirements;

16. establishing, exercising, or defending a legal or equitable claim; and

17. training and recruitment.

We may also collect personal information (including sensitive information) for both the primary
purposes specified herein and purposes other than the primary purposes, including the purpose of
direct marketing.

We may also collect personal information from other credit providers, Credit Reporting Bodies
(“CRBs”) and any other third parties for the purposes of our business activities including, but not
limited to, credit, sales, marketing, and administration.

The purpose for which we use and disclose personal information

We will endeavour to only use and disclose personal information for the primary purposes noted
above in relation to the business activities of our company.

In addition, we may also use and disclose personal information (including sensitive information)
for both the primary purposes specified herein and purposes other than the primary purposes,
including the purpose of direct marketing.

Unless one or more of the below scenarios has occurred, we will take necessary steps to prevent
personal information from being given to government agencies or other organisations.

1. You have provided your consent.

2. You would reasonably expect that your information would be so disclosed.

3. We have informed you that your personal information will be provided to a third party.

4. We are required by law to provide your personal information to a government agency or other
organisation.

5. The disclosure of the information will prevent a serious threat to somebody’s life or health.

6. The disclosure of the information reasonably necessary for the enforcement of criminal law.

Further we will endeavour to only disclose personal information for the purpose in which it was
collected, unless disclosure is reasonably necessary to:

1. assist in locating a missing person;

2. lessen or prevent a serious threat to life, health or safety;

3. take appropriate action with suspected unlawful activity or serious misconduct;

4. facilitate or assist with diplomatic or consular functions or activities;

5. assist certain defence force activities outside Australia;

6. establish or exercise a defined legal or equitable claim; or

7. facilitate or assist confidential alternative dispute resolution activities.

Direct Marketing

While our business does not currently employ marketing services which impact you, if we were to
commence marketing activities, our business activities include collecting personal information
from:

1. you directly; or

2. publicly available sources,

for purposes of using or disclosing that personal information to third parties for direct marketing
in the future.

Where we have collected personal information from you directly, it is part of our usual business
practice to use or disclose this information for direct marketing. You may always elect to opt out
of any direct marketing by us. For further information on how you may opt out, please see ‘Opt out’
sections overleaf.

Where we have collected your personal information from a publicly available source, we will take
steps not to use or disclose this personal information for direct marketing purposes unless you
have provided your consent for us to do so.

Opt out

Should we commence marketing activities, we will always provide you with an opt out option with
respect to direct marketing, should you wish to be excluded from our direct marketing activities.

If you do not elect to ‘opt out’ to receiving direct marketing material from us, then you are
consenting to our continued use of personal information (other than sensitive information) provided
to us for direct marketing purposes.

You may opt out of our direct marketing services at any time by notifying our Privacy Officer
(contact details overleaf). If you elect to opt out then you will no longer receive direct
marketing material from us. We will also record this information.

We may only use sensitive information for direct marketing purposes if you provide your consent for
us to do so. It is our practice that we will not infer consent for direct marketing purposes where
sensitive information is concerned.

Direct Marketing and third parties

We may also from time to time, if we have received your consent, provide your personal information
to a third party for purposes of direct marketing.

You may at any time request from us or a third party the source of the personal information that
has been disclosed.

Spam and unsolicited commercial electronic messages

The Spam Act 2003 (Cth) (Spam Act) sets out the laws and prohibitions in relation to the sending of
‘unsolicited commercial electronic messages’.

An ‘electronic message’ broadly means any message that is sent by us, using an internet carriage
service (such as an internet service provider) or a listed carriage service (such as a landline) to
an electronic address. ‘Electronic addresses’ incudes your email account, instant messaging
accounts (such as Facebook Messenger or WeeChat), or your telephone account.

‘Commercial electronic message’ broadly means any electronic message that is sent with the
intention or purpose of communicating to a recipient:

1. an offer for goods or services;

2. an advertisement about the brand or offerings of a business; or

3. an offer or advertisement regarding a business or any investment opportunities.

Under the Spam Act we may only use personal and non-personal information (such as your company’s or
employer’s generic email address) to send commercial electronic messages, provided we have obtained
yours or the relevant person’s consent.

If we have obtained your consent to send you commercial electronic messages, you will always be
provided with a clear and simple ‘opt out’ option.

You may also always contact our Privacy Officer for further details or for information on how to
opt out of any commercial electronic message or other direct marketing by us.

Government Related Identifiers

We will endeavour not to use or disclose a government related identifier, unless:

1. the use or disclosure of the identifier is reasonably necessary for us to verify your identity
for the purposes of our activities or functions; or

2. the use or disclosure of the identifier is reasonably necessary for us to fulfil our
obligations to an agency or a State or Territory authority; or

3. the use or disclosure of the identifier is required or authorised by or under an Australian
law or a court/tribunal order; or

4. a permitted general situation (as that term is defined in the Act) exists in relation to the
use or disclosure of the identifier; or

5. we reasonably believe that the use or disclosure of the identifier is reasonably necessary for
one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

Disclosure to CRBs

As indicated above, we may disclose personal information to a CRB in accordance with the permitted
disclosures as defined under the Act.

We may disclose your Credit Information to the following CRBs listed below.

Equifax Australia
GPO Box 94
North Sydney NSW 2059 Tel: 13 8332

Creditor Watch
GPO Box 276
Sydney NSW 2001
Tel: 1300 501 312

Illion
PO Box 7405,
St Kilda Road Melbourne VIC 3004 Tel: 13 23 33

Experian
GPO Box 1969
North Sydney NSW 2060 Tel: (02) 8907 7200

A copy of the credit reporting policy for the CRBs listed above will be available on their website
or will be provided in hard copy upon request.

How you may access your personal information

You are entitled to access your personal information held in our possession.

We will endeavour to respond to your request for personal information within a reasonable time
period or as soon as practicable in a manner as requested by you. We will normally respond within
thirty (30) days.

You can make a request for access by sending an email or letter addressed to our office, the
details of which are specified below.

The Privacy Officer

Address: 164 Bannister Road, CANNING VALE WA 6155 Telephone 08 9277 3404
Email: admin@structool.com.au

With any request that is made we will need to authenticate your identity to ensure the correct
person is requesting the information.

We will not charge you for making the request, however, if reasonable, we may charge you with the
costs associated with your request.

You will only be granted access to your personal information where we are permitted or required by
law to grant access. We are unable to provide you with access that is unlawful.

Further we are not required to, and will not, give access to personal information to the extent
that:

1. we reasonably believe that giving access would pose a serious threat to the life, health, or
safety of any individual, or to public health or public safety; or

2. giving access would have an unreasonable impact on the privacy of other individuals;
or

3. the request for access is frivolous or vexatious; or

4. the information relates to existing or anticipated legal proceedings and the information would
not be accessible in normal discovery procedures; or

5. giving access would reveal the intentions of us in relation to negotiations and this
disclosure would prejudice those negotiations; or

6. denying access is required or authorised by or under an Australian law or a court/tribunal
order; or

7. we have reason to suspect that unlawful activity, or misconduct of a serious nature, that
relates to our functions or activities has been, or may be engaged in; or

8. giving access would be likely to prejudice the taking of appropriate action in relation to the
matter; or

9. giving access would be likely to prejudice one or more enforcement related activities
conducted by, or on behalf of, an enforcement body; or

10. giving access would reveal evaluative information generated within us in connection with a
commercially sensitive decision-making process.

If we refuse access to the information, written notice will be provided to you setting out:

1. the reasons for the refusal (except to the extent that, having regard to the grounds for the
refusal, it would be unreasonable to do so);

2. the mechanisms available to complain about the refusal; and

3. any other matter prescribed by the regulations.

Correction

Should we hold personal information, and it is inaccurate, out of date, incomplete, irrelevant,
misleading, or incorrect you have the right to make us aware of this fact and request that it be
corrected.

If you would like to make a request to correct your information, please contact our office on the
details above.

In assessing your request, we need to be satisfied that the information is inaccurate, out of date,
incomplete, irrelevant, or misleading. We will then take all reasonable steps to ensure that it is
accurate, up-to-date, complete, and not misleading.

It is our normal policy to resolve any correction requests within thirty (30) days. If we require
further time, we will notify you in writing and seek your consent.

Should we refuse to correct your personal information written notice will be provided to you
setting out:

1. the reasons for the refusal (except to the extent that, having regard to the grounds for the
refusal, it would be unreasonable to do so); and

2. the mechanisms available to complain about the refusal; and

3. any other matter prescribed by the regulations.

We will endeavour to notify any relevant third parties of the correct personal information where
necessary and required.

Notifiable Data Breaches

A Notifiable Data Breach is an event where access to your personal data has been gained and there
is a risk of serious harm or it is suspected that there is a serious risk to you.

In the event of a Notifiable Data Breach, we will notify you. Examples of Notifiable Data Breaches
include:

1. loss or theft of physical devices (such as laptops and storage devices) or paper records that
contain personal information;

2. unauthorised access to personal information by an employee; and

3. inadvertent disclosure of personal information due to ‘human error’ (e.g. an email sent to the
wrong person).

Complaints

In the event that you wish to make a complaint about a failure of us to comply with our obligations
in relation to the Act or the APPs please raise this with our Privacy Officer on the contact
details above.

Once the complaint has been received the Privacy Officer will record the complaint via our internal
Privacy Complaint Register. We will then provide you with a receipt of acknowledgment as soon as
practicable.

The Privacy Officer may liaise with you or the relevant complainant to seek further information
from them and in these circumstances they should be prepared to give as much detail as possible,
including any additional and reasonable documentation.

This will enable us to investigate the matter to determine an appropriate solution. The
investigation process will be documented and all details will be kept confidential. Once the
outcome of the complaint has been handled, you or the relevant complainant will be advised of the
decision in writing with our reasoning for the decision outlined or particularised.

We will always endeavour to respond to your complaint and attempt to resolve the issues within
thirty (30) days.

In dealing with your complaint, we may need to consult a third party.

If you are not satisfied with the process of making a complaint to our office you may make a
complaint to the Information Commissioner, the details of which are below.

Office of the Australian Information Commissioner (OAIC)

Address: GPO Box 5288, Sydney NSW 2001
Telephone: 1300 363 992
Facsimile: (02) 6123 5145

OAIC

The Information Commissioner can decline to investigate a complaint on a number of grounds
including, among other things, where the complaint wasn’t made at first to us.

For more information about privacy in general, you can visit the Australian Information
Commissioner’s website: https://www.oaic.gov.au/

Disclosure to overseas recipients

We may choose to, if permitted by law, share and/or disclose your personal information with
recipients outside of Australia.

We are required to notify you with a list of any countries which personal information may be
transmitted to or disclosed where it is practical for us to do so.

We currently do not share or disclose personal information to overseas recipients.

If you have any queries regarding our privacy policy or wish to find out more regarding any of our
other policies, please contact our office on the details listed above.

Security

We take all reasonable steps to keep secure any information which we hold about you. Personal
information may be stored both electronically on our computer system, and in hard-copy form.
Firewalls, passwords, anti-virus software, and email filters act to protect all our electronic
information.

Changes to this privacy policy

We will update this privacy policy from time to time. We therefore recommend that you read it each
time you visit our website. If you do not agree with the privacy policy at any time, please do not
continue to use our website. If you do continue to use our website, you are deemed to
have accepted the terms of the privacy policy as they appear at the time of use.

Credit Reporting and Information Policy

Last Updated: July 2026

This is the credit reporting and credit related personal information policy (“Credit Reporting Policy”) of Structool Pty Ltd ACN 671 369 841 and its subsidiaries (as that expression is defined in the Corporations Act 2001 (Cth)) (individually and collectively “we”, “us”, as the context requires).

The purpose of this Credit Reporting Policy is to be a clearly expressed and up to date policy about the management of credit related personal information (which means credit information, credit reporting information, credit eligibility information and/or regulated information) (“Credit Information”) including the collection, holding, use, and disclosure of such information.

This Credit Reporting Policy is intended to enhance the transparency of our operations, to notify you of your rights and our obligations, and to provide you with information regarding:

the kinds of Credit Information which we will collect and hold;
how we collect, hold, use, and disclose Credit Information;
the purposes for which we collect, hold, use, and disclose Credit Information;
how you may access Credit Information held by us and seek correction of such information;
how you may complain about a breach of the Privacy (Credit Reporting) Code 2025 (Cth) (“CR Code”) and how we will deal with such complaints;
whether we are likely to disclose Credit Information to overseas recipients; and
if we are likely to disclose Credit Information to overseas recipients, the countries in which such recipients are likely to be

This Credit Reporting Policy sets out how we comply with our obligations under the Privacy Act 1988 (Cth) (“Act”) and the CR Code.

Acknowledgment

We acknowledge that we must take reasonable steps when handling Credit Information.

Whilst we cannot warrant that this Credit Reporting Policy will be followed in every instance, we will endeavour to follow this Credit Reporting Policy. We have educated and trained our employees with the compliance requirements and have appropriate procedures in place to manage Credit Information.

The kind of Credit Information which we will collect and hold

We collect and hold the following types of Credit Information.

Current and prior names and addresses, your age or date of birth, and occupation.
Drivers licence number.
Credit and/or debit card information (for the purposes of processing payment(s)).
Details regarding applications for commercial credit including the type and amount of credit requested and the fact that we have assessed an
Details regarding the provision of credit, the amount and whether any other credit was previously
The date that any agreement in relation to credit ceased or was terminated and the surrounding
Repayment history.
Details regarding payment owed to us or any other credit provider, in connection with credit provided to you or in relation to which you are a guarantor, overdue for more than sixty (60)
Whether in our opinion, or another credit provider’s opinion, you have committed a serious credit infringement.
Whether you have entered into arrangements with us or other creditors in connection with the credit provided to you.
Court proceedings information, personal insolvency information, and credit related publicly available
Any information regarding your credit worthiness.
Any administrative information about credit accounts of yourself and your related bodies corporate.

How we will collect, use, and disclose your Credit Information

Our usual practice will be to collect Credit Information from you (or your authorised representative) directly and with your written consent. These consents are ordinarily set out in our privacy statement which is contained in our credit application. A copy of our privacy statement is available upon request.

In some circumstances, we may collect Credit Information from a third party. This may include the collection of Credit Information from a Credit Reporting Body (CRB).

As indicated above, we will endeavour to obtain your written consent regarding the collection and further disclosure of Credit Information from and to a CRB.

It may be necessary for us to collect your Credit Information for a specific purpose such as the investigation of a complaint.

We may be required to, in some circumstances, if you fail to meet payment obligations or commit serious credit infringement to disclose your Credit Information to a CRB.

We will attempt to use the Credit Information we collect and hold for the primary purpose(s) in respect of which it is collected.

How we will hold the Credit Information we collect, use, and disclose

We will hold the Credit Information in a manner which is secure and protected from unauthorised access.

Your information may be held in either a physical form or in electronic form on our IT system.

Where stored in electronic form on our IT system, we will take steps to protect the information against modification, disclosure, or misuse by including such things as physical restrictions, password protections, internal and external firewalls, and anti-virus software.

We will also take steps to ensure our service providers have protection for electronic IT systems and other necessary restrictions.

We will endeavour to ensure that our staff are trained with respect to the security of Credit Information we hold, and we will restrict any access where necessary.

Once information is no longer required, we will take all reasonable steps to either destroy and de-identify the Credit Information in a secure manner and where possible destroy and delete records, except as required for business record purposes.

In the event we hold Credit Information that is unsolicited, and we were not permitted to collect it, the Credit Information will be destroyed as soon as practicable.

The purposes for which we collect, hold, use, and disclose your Credit Information

We may collect, hold, use, and disclose your Credit Information as reasonably necessary so that it may be used directly for the functions or activities of our group and as permitted by law.

We may use your Credit Information for the functions or activities of our group to:

consider whether to provide you or a related entity with credit, or accept you as a guarantor;
consider your credit worthiness;
provide information to CRBs and participate with other credit providers in the credit reporting system recognised by the CR Code;
take debt recovery action and enforcement where necessary to recovery amounts against guarantors or where infringements have occurred; and/or
consider and address any complaints and comply with our statutory

STATEMENT OF NOTIFIABLE MATTERS

Disclosure to CRBs

As indicated above, we may disclose Credit Information to a CRB in accordance with the permitted disclosures as defined under the Act, including instances where you fail to meet your payment requirements and / or you commit a serious credit infringement.

We may disclose your Credit Information to the following CRBs listed below.

Equifax Australia

GPO Box 94

North Sydney NSW 2059 Tel: 13 8332

Creditor Watch

GPO Box 276

Sydney NSW 2001

Tel: 1300 501 312

Illion

PO Box 7405,

St Kilda Road Melbourne VIC 3004 Tel: 13 23 33

Experian

GPO Box 1969

North Sydney NSW 2060 Tel: (02) 8907 7200

A copy of the credit reporting policy for the CRBs listed above will be available on their website or will be provided in hard copy upon request.

Under the CR Code, we are also required to disclose to you whether we are likely to disclose your information to a CRB.

If you are a sole trade, partner, director, guarantor, or other key signatory that has provided your personal information to us in our credit application (or as part of an application to us for commercial credit) we will likely disclose your personal information to one or more of the CRBs listed above.

Where you have given us your express consent, we will also seek your Credit Information from one of or more of the above the CRBs listed above for:

commercial credit related purposes (such as assessing a credit applicant’s commercial credit risk); or
a credit guarantee purpose.

At all times you are entitled to place a twenty-one (21) day ban on the sharing of your Credit Information, if you believe you have become a victim of credit fraud.

Information requests

‘Information Request’ has the same meaning given to this term by section 6R of the Privacy Act.

Information Requests include requests that we make to CRBs for information about you, in connection with an application for commercial credit or a credit guarantee purpose.

Where we have made a disclosure to a CRB and that disclosure comprises an Information Request, your consent is not required for us to make the disclosure and:

a record of the disclosure may be used by a CRB or another credit provider for the purposes of assessing your credit worthiness (including calculating your credit score or credit rating); and
disclosures made by us (or other credit providers) can affect your credit scores or credit ratings calculated by

Other notifiable matters

CRBs may include information disclosed by us (or the actual number or frequency of Information Requests made by us) in reports provided to us or other credit providers to assist them to assess your credit worthiness.

Where you fail to meet your payment obligations or commit a serious credit infringement, we may also be entitled to disclose this information to a CRB.

You may at any time:

request access to personal information or Credit Information that we hold about you;
request that we correct personal information or Credit Information that we hold about you; and
make a complaint to us in accordance with our Privacy Policy and this Credit Reporting

You may always request a copy of our Privacy Policy or this Credit Reporting Policy by contacting us, or by obtaining these policies directly from our website.

You may also, at any time, request that a CRB does not use your credit reporting information:

for pre-screening of direct marketing by credit providers; or
for any purpose where you believe, on reasonable grounds, that you are or will likely become a victim of fraud with respect to your credit

Disclosure of your Credit Information to other recipients

We may choose to, if permitted by law, share and/or disclose your credit information with third parties including:

other credit providers;
our related companies;
debt collection organisations;
government agencies;
personal representatives;
guarantors or security providers in relation to the credit we provide you;
debt assignment organisations; and
credit insurers.

In some instances, we will require your written consent prior to making such disclosures. We typically obtain this consent via our privacy statement, which is contained in our credit application.

Credit default reporting

Where you fail to meet your payment obligations to us, we may be entitled to disclose this information to a CRB including reporting credit defaults by you or declaring overdue invoices.

Unless agreed otherwise, we will report credit defaults and declare overdue invoices to CRBs that we engage.

Where you have defaulted under a credit facility for commercial credit, we may be required to give you notice before reporting the credit default.

The relevant notice period may be prescribed by the Privacy Act or the relevant CRB’s terms and conditions.

How you may access your Credit Information

You are entitled to access your Credit Information held in our possession.

We will endeavour to respond to your request for Credit Information within a reasonable time period or as soon as practicable in a manner as requested by you. We will normally respond within thirty (30) days.

You can make a request for access by sending an email or letter and addressed to our office, the details of which are as follows.

STRUCTOOL PTY LTD

Address: 164 Bannister Road, Canning Vale WA 6155 Telephone (08) 9277 3404

Email: admin@structool.com.au

With any request that is made we will need to authenticate your identity to ensure the correct person is requesting the information.

You will only be granted access to your Credit Information where we are permitted or required by law to grant access. We are unable to provide you with access that is unlawful.

We will not charge you for making the request, however if reasonable we may charge you with the costs associated with your request.

In the event your request is refused, we will provide you with written notice regarding the refusal and reasons for our decision.

Correction

Should we hold Credit Information, and it is inaccurate, out of date, incomplete, irrelevant, misleading, or incorrect you have the right to make us aware of this fact and request that it be corrected.

If you would like to make a request to correct your information, please contact our office on the details provided above.

In assessing your request, we need to be satisfied that the information is inaccurate, out of date, incomplete, irrelevant, misleading, or incorrect. We will then take all reasonable steps necessary to ensure that it is accurate, up-to-date, complete, relevant, and not misleading.

It is our normal policy to resolve any correction requests within thirty (30) days. If we require further time, we will notify you in writing and seek your consent.

Should we refuse to correct your Credit Information written notice will be provided to you setting out:

the reasons for the refusal (except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so); and
the mechanisms available to complain about the refusal; and
any other matter prescribed by the regulations.

Record keeping

We will endeavour to keep a record of where all Credit Information is used or disclosed. The types of matters recorded by us include the following.

Where Credit Information is destroyed to meet obligations and compliance requirements in accordance with the CR Code and the
Where we have received Credit Information from another credit provider:

- the date on which it was disclosed;
- a brief description of the information disclosed; and
- to whom the disclosure was made.

Records of any consent provided by an individual for purposes of disclosure.
Records of any correspondence and actions taken in relation to notifications or corrections, complaints, pre-screening, monitoring, and

We will maintain our records for a minimum period of five (5) years.

Complaints

If you wish to make a complaint about a failure of us to comply with our obligations in relation to the CR Code or the Act please raise this with our office on the contact details above.

We will provide you with a receipt of acknowledgment as soon as practicable.

We will then endeavour to respond to your complaint and attempt to resolve the issues within thirty (30) days.

In dealing with your complaint, we may need to consult a CRB, another credit provider, or a third party.

If you are not satisfied with the process of making a complaint to our office, you may make a complaint to the Information Commissioner, the details of which are below.

Office of the Australian Information Commissioner (OAIC)

Address: GPO Box 5288, Sydney NSW 2001

Telephone: 1300 363 992

Facsimile: (02) 6123 5145

The Information Commissioner can decline to investigate a complaint on several grounds including, among other things, where the complaint wasn’t made at first to us.

Disclosure to overseas recipients

We may choose to, if permitted by law, share and/or disclose your Credit Information with recipients outside of Australia.

We are required to notify you with a list of any countries which Credit Information may be transmitted to or disclosed where it is practical for us to do so.

We currently do not share or disclose Credit Information overseas.

If you have any queries regarding our Credit Reporting Policy or wish to find out more

regarding any of our other policies, please contact our office on the details listed